1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1015 of 2007 IN SECOND APPEAL NO. 603 OF 2007 Mr.Popat Rama Lashkare & Ors. .. Applicants versus Maruti Genu Mahale & ors. .. Respondents ... Mr.S.N.Chandrachud for the applicants Mr.Sandeep Kurhe i/b Mr.Mankapure for the respondents WITH CIVIL APPLICATION NO. 1050 of 2008 IN SECOND APPEAL NO. 494 OF 2008 Shri Maruti s/o Genu Mahale & ors. .. Applicants versus Kisan s/o Rama Lashkare & ors. .. Respondents ... Mr.Sandeep Kurhe i/b Mr.Mankapure for the applicants. Mr.S.N. Chandrachud for the respondents. CORAM : D.G. KARNIK, J DATED : 12th November 2008 P.C.: 1. Heard learned counsel for the parties. 2 2. Civil Application no.1015 of 2008 is filed by the original defendants for injunction and civil application no.1050 of 2008 has been filed by the original plaintiff for injunction. 3. By this application, defendants pray for an injunction restraining the plaintiffs from disturbing their possession of the suit land. The lower appellate court while answering issue nos.3 and 4 have held that the late Rama under whom the defendant claim had agreed to sell survey no.378/2 to the plaintiffs and that plaintiffs were in possession of the suit land since 1974. This is a finding of fact recorded by the lower appellate court. Since the defendants were not in possession of the suit property, there cannot be an injunction restraining the plaintiffs from disturbing the possession of the defendants. 4. For these reasons, civil application no.1015/2007 is dismissed and civil application no.1050/2008 is allowed in terms of prayer clause (b). 3 (D.G. KARNIK, J)