1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2015 OF 2010 Bhagchand Harichand Talreja ..Petitioner V/s Ashok Harichand Talreja and others. ..Respondents ......... Mr.Milind M. Patil, Advocate for petitioner. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 23rd June, 2010. PER COURT : 1. Heard learned counsel. 2. The petition involves disputed questions of fact. The petitioner urged, the trial Court to give directions to the tenants to deposit the rent in the Court to the extent of 1/5th share, which the petitioner is claiming on the strength of will deed on the basis of his share. The dispute relates to the house property. Whether it is exclusive property owned by the defendants on the basis of the will deed dated 08.04.1973 or that it is on the basis of order of the Superintendent of Land Records dated 05.09.2006, is the question which will have to be considered after full dressed trial. The rights of the petitioner would depend upon the fact findings on such questions. If he is found to be eligible to receive 1/5th share in the rent then rendition of the accounts may be claimed. For the 2 present, the discretionary order, rejecting the application of the petitioner to direct the tenants to deposit the rent in the Court to the extent of 1/5th share of the petitioner is not required to be interfered with. The observations of the Courts below, including the first appellate Court shall not be considered by the trial Court while finally adjudicating the questions involved in the suit. Petition is dismissed. (V.R.KINGAONKAR) JUDGE gas/wp2015.10