1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1896 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1896 OF 2011 *** 1. Heard Advocate Shri Deshmukh for Petition and Advocate Shri Salunke for Respondent. 2. In the suit filed by the petitioner/ plaintiff trial Court granted temporary injunction and protected her possession. Appellate Court has reversed it. 3. Advocate Mr. Deshmukh contends that the Respondent/ defendant is not concerned with plot of present petitioner which is City Survey No.252/2/4. The Respondent is concerned with Plot NO.252/2/3 and as petitioner is not doing anything on said plot No.252/2/3, the trial Court had correctly granted temporary injunction. 4. He invites attention to certain 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1896 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. photographs to show that construction raised by petitioner on her plot No.252/2/4 has been subsequently demolished by Respondent and a new construction has been undertaken. He, therefore, states that, in this situation it will be ideal to direct parties to maintain status-quo and to expedite the suit as filed. 5. Shri Salunke states that the photographs are produced for the first time before this Court without reference to it in the petition and hence he has no instructions about the position appearing in those photographs. He further contends that the petitioner has already executed an agreement for sale of said property in favour of some third person. He invites attention to plaint in earlier suit No.155 of 2006 filed by her pointing out that therein the total area of plot No. 252/2/4 is shown to be 0.30 Ares and it is further pointed out that the husband of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1896 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. defendant Surayyabi in that suit has also got about 0.21 Ares. He invites attention to paragraph 6 in that plaint to urge that in paragraph 6 it is mentioned that she is owner of 0.2.15 Ares out of this 253/2/4 and she has further contended that there is no partition and as such exact portion belonging to her cannot be specified. The revenue record as maintained as on 15th March, 2011 is also pressed into service to show that there total area is shown to be 0.03.50 Ares and the same is shown to be belonging to 8 or 9 persons. According to him, in this situation, the view taken by the Appellate Court does not call for any interference. 6. The papers on record show that the petitioner has filed various suits and her stand about the area or possession of suit property is also not very consistent. In this situation, I do not seen any 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1896 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. jurisdictional error or perversity in the approach of Appellate Court. 7. Photographs shown to this Court shoe a tin-shed erected on some land. The later photographs (as alleged) show construction of compound wall on some land. Even if it is presumed that said compound wall is on suit property, and after demolishing the shed raised by petitioner, it is clear that the photographs do not show possession of petitioner. 8. In this situation, interest of justice can be met with by directing the Court of Civil Judge, Senior Division, Gangakhed to decide Regular Civil Suit No.152 of 2010 as expeditiously as possible and in any case within a period of one year from the date of communication of this order to it. It is made clear that the possession or 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1896 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. construction of Respondent/ defendant over the suit property is subject to final adjudication in that suit and hence no further orders in that respect are required, at this stage. 9. With these directions, writ petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:30/03/2011. ans/1896