: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1136 OF 2009 Mahammad Amin Husainmiya Mulla & Ors. ... Appellants V/s. Mahammad Hanif Ismile Mulla & Ors. ... Respondents Mr.Rajiv Patil for Appellant Mr.P.S. Dani for Respondent Nos.1 & 2 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 23, 2010 P.C.: 1. The appeal has been preferred against the order dated 15.9.2009 by which application at exhibit 5 has been allowed by the trial Court. A perusal of the impugned order indicates that the learned Judge has failed to appreciate the contentions raised by both the parties in their proper perspective. The learned Judge apparently has cast burden on the defendant to prove that he has a better right than plaintiff over the suit property. Apart from this, the order is not at all happily worded and, therefore, must be set aside. 2. In view of this, the Appeal from order is disposed of with the following order: i) Appeal from Order is allowed. The impugned order dated 15.9.2009 is set aside. : 2 : ii) The application at exhibit 5 shall be heard and disposed of by the trial Court afresh within two months from today. iii) The parties will appear before the trial Court on 8.3.2010 for further directions. iv) The appellants shall maintain status quo as of today with respect to the suit property.