1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1215 OF 2010 Anusaya Shamrao Argade & Ors. .....Appellants versus Dhanaji Shamrao Argade and Ors. ..... Respondents Mr.Sumit Khaire for the appellants. Mr.N.v.Vechalekar i/by M/s.N.V.Vechalekar for respondent nos.1 to 12 & 14. ---- CORAM: MRS.MRIDULA BHATKAR, J. DATE: 5th SEPTEMBER, 2011 P.C. 1. This is an appeal against the order passed by the Joint Civil Judge, S.D. Pune dated 26.8.2010. The plaintiff i.e. the appellant has filed a suit for partition and the sale deed in respect of Gut No.242 of village Salumbre, Taluka- Maval between the defendant nos.1 to 5 and defendant no.14, be cancelled and also defendant nos.1 to 5 should not create any third party rights. A suit is between the mother along with some children against the other children. The land in dispute is a self acquired property of father Shamrao. Learned Judge has considered the application filed by the deceased Shamrao for the partition of the suit property. In the record, 7/12 2 extracts of the land are produced which disclose the names of the different sons or children are appearing on different gut numbers. At the time of hearing of the application for interim relief, it is the responsibility of the plaintiff to prove his case. However, the plaintiff i.e present appellant has failed to prove his exclusive possession of Gut no.242 and therefore, relief of interim injunction was rightly refused by the trial Court. There is no merit in this appeal. Hence, Appeal is dismissed. 2. Learend Counsel prays for continuation of order of status-quo. In view of the submissions and the documents which are produced and the facts, it is not a case to allow the prayer of continuation of status-auo. Hence, prayer is rejected. ( MRS.MRIDULA BHATKAR, J. )