: 1 : 6394-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6394 OF 2011 Manik Dinkar Patil .. Petitioner v/s. Prataprao Dinkar Patil & Anr. .. Respondents ......... Mr. Manoj Kadam i/b Pratap Patil for the petitioner Mr. Abhijeet Adgwe for respondent no.1 ......... CORAM : R.Y.GANOO, J DATE : 20th SEPTEMBER,2011. P.C. : 1. The learned District Judge­3, Kolhapur by order dated 23rd September, 2010 passed in Misc. Civil Appeal No.170 of 2009 recorded finding that the respondents are in possession of the property in respect of which the dispute is filed and possession of the respondents is protected. On consideration of the entire record, I see no need to interfere in the order impugned. Learned advocate appearing on behalf of the petitioner submitted that the petitioner is the owner in respect of property in : 2 : 6394-11-wp=.sxw question on account of a Will executed by the real owner i.e. the father of the petitioner. This claim is resisted by the respondents. 2. At this juncture, this Court has not recorded any finding as regards ownership of the respondents in regard to the property in question. If at all the petitioner claims that he is the owner of the property, it will be open for him to file suit at the same time he cannot dispossess the respondents, whose possession is accepted by the learned District Judge. 3. The petition is required to be dismissed. At the same time, looking to the facts that the present suit is between two real brothers, the same is to be disposed of at an earlier date. Hence, learned Joint Civil Judge, Junior Division, Panhala, Dist. Kolhapur before whom R.C. Suit No.68 of 2009 is pending is directed to hear and dispose of the suit on or before 31st December, 2012. It is clarified that whatsoever is stated in this order shall not be considered by the learned Trial Judge at the time of trial. He shall act on the basis of record before him and on merits of the matter. (R.Y.GANOO, J.)