1 W.P. 8050.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8050 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S.V. GANGAPURWALA, J. DATE :14/10/2011 PER COURT : 1. The present respondent/original plaintiff has filed Suit for injunction. Along with the Suit, has filed an application for temporary injunction. The trial Court has allowed the application for temporary injunction. Aggrieved thereby, the defendant filed Appeal before the District Court. The District Court dismissed the Appeal confirming the order passed by the trial Court. Aggrieved thereby, the present Writ Petition is filed. 2. Mr. H.D.Patil, the learned counsel for the petitioners submits that the Courts have not taken into consideration the documents filed by the present petitioners and the five ( 5 ) affidavits by them to show the possession of the 2 W.P. 8050.2011 present petitioners. At this stage, the Court should have considered the documents filed on record by the petitioners to prima facie conclude about the possession. 3. Both the Courts have concurrently observed that the plaintiff has filed true copy of the order showing that the Tahsildar has allotted land to the plaintiff in the year 1986 and the documents filed by the defendants are the xerox copies and those are subject to enquiry and confirmation by the revenue authority. 4. It has also been observed that the plaintiff has also produced the affidavits in support of his claim, so also the defendants. There is word against word in this regard. 5. Both the Courts have taken a plausible view, which needs no interference of this Court in the Writ Petition under Article 227 of the Constitution of India. 6. Taking into account the nature of dispute, the trial Court shall decide the Suit as expeditiously as possible and preferably within the period of nine ( 9 ) months from today. Needless to state that the observations made herein are prima facie in nature and the trial Court shall decide the Suit on the basis of the evidence led by the parties dehors the observations made herein. 3 W.P. 8050.2011 7. The Writ Petition is accordingly disposed of. No costs. [ S.V. GANGAPURWALA, J.] KNP/W.P. 8050.2011 4 W.P. 8050.2011