IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2928 OF 2008 Manohar Maruti Khamkar ...Petitioner Versus Mahadev Damodar Kulkarni & Ors. ...Respondents ...... Mr.V.B.Rajure for Petitioner. None for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 7, 2008. JULY 7, 2008. JULY 7, 2008. P.C. P.C. P.C. 1. Heard Counsel for the Petitioner. 2. The argument that the possession of the Respondents is founded on Sale Deed which is illegal, cannot be the basis to conclude that the Respondents were not in possession in fact. The Courts below have examined that aspect of the matter and opined that the Respondents have succeeded in showing that they were in possession. : 2 : At the interlocutory stage that is a relevant finding to be recorded. Needless to observe that till the validity of the Sale Deed is questioned before the appropriate forum, the Respondents’ case that they are in possession, will have to be accepted as it is for the time being. I find no reason to interfere. Hence, dismissed. 3. Counsel for the Petitioner submits that in that case, hearing of the Suit be expedited. It will be open to the Petitioner to make such Application before the Trial Court which in turn will consider the same on its own merits. 4. It is made clear that the Suit will be decided on its own merits uninfluenced by the observations made by the lower Court or for that matter in the present order, which is only for the purpose of deciding interlocutory application. Sd/- A.M.KHANWILKAR, J.