wp1557.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.1557/2011 Vinod Ramrao Gawande -vs- Anil Ambadas Gawande and one another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri P. S. Patil, learned counsel for the petitioner. CORAM : R. M. SAVANT, J. DATED : 13/06/2011 There is a concurrent finding against the petitioner in so far as the grant of temporary injunction is concerned, both the Courts below have held that the respondents herein have made out a prima facie case for grant of injunction. The case of the petitioner that he had purchased 45 Ares land from one Pandurang Gawande, has not been accepted by the Courts below. It is the petitioner’s own case that his vendor and his two other brothers i.e. Ambadas and Krushnarao Gawande were the joint owners of 90 Ares land in Gat No.332 and that by oral partition, the land was partitioned amongst three brothers. The Courts below were therefore of the view that the case of the petitioner that he had purchased 45 Ares land from Pandurang Gawande could not be accepted, as the share of Pandurang Gawande was only to the extent of 30 Ares. wp1557.11.odt 2/2 Having perused the impugned orders, in my view, the discretion exercised by the Courts below does not warrant any interference at the hands of this Court in its extra ordinary writ jurisdiction. The writ petition is accordingly dismissed. The learned counsel for the petitioner prays that the hearing of the suit be expedited. In the facts and circumstances of the case, hearing of Regular Civil Suit No.14/2010 is expedited. JUDGE KHUNTE