1 AO 147/09 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 147 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. P.S. Dani for the appellant. Mr. P.N. Joshi for respondent no.3. CORAM : D.G. KARNIK, J. DATE : 21ST DECEMBER 2010 P.C. : 1. Heard. 2. In a suit for partition of the suit property, the appellant (plaintiff) filed an application for injunction restraining the respondents from disturbing his possession of the suit property. The trial Court has held that the appellant was not in possession of the suit property. Learned counsel for the appellant was unable to point out from the record any material to show that 2 AO 147/09 the appellant was in possession of the suit property on the date of filing of the suit. Consequently, no interference in the finding of fact recorded by the trial Court about possession is called for in exercise of appellate jurisdiction. The appeal is dismissed summarily. (D.G. KARNIK, J.)