ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 5157 OF 2006 PETITION NO. 5157 OF 2006 PETITION NO. 5157 OF 2006 Mrs.Shrilekha Ramesh Ghule ...Petitioner Vs. Chandrashekar Babasaheb Deokar & Ors. ..Respondents. Mr.G.S.Godbole for the Petitioner. None for the Respondents. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 01st October, 2008. : 01st October, 2008. : 01st October, 2008. P.C. P.C. P.C. . The Petitioner/Plaintiff has challenged the concurrent finding of facts, basically whereby his Application for injunction is not granted. 2. The Plaintiff is claiming an order of protection of physical possession of the property, which both the Courts have not accepted. The basic order is dated 13/11/2005 in a suit of 2004 based upon the registered deed of agreement. The Petitioner’s basic case is that the recitals in the said document, reflects the possession. However, both the Courts are not in favour of the Petitioner for want of material to justify actual possession. Taking all this into ( 2 ) account, there is no case made out to interfere in the said findings of the Court below. However, the suit is expedited. It is made clear that, it is a prima facie observation of the Courts below on Application filed for injunction, need not influence the merits of the matter. 3. The Writ Petition is dismissed accordingly. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)