1406wp1424.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.1424 OF 2011 Puransingh K.Gabbi ..vs.. Haribhajansingh K.Gabbi and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. S.P.Bhandarkar, Adv. for the petitioner. CORAM : R.M.SAVANT, J. DATED : 14th June, 2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 21/01/2011 passed by the First Appellate Court in Misc.Civil Appeal being No.43 of 2010, by which, the order passed by the Trial Court rejecting the application for temporary injunction filed by the petitioner herein came to be confirmed. Both the courts below have concurrently held that the defendants nos.2 to 3 are having legal right in respect of the renewal of licenses in respect of Saw Mill by virtue of document dated 1/2/2005. Both the courts below have concurrently held that the defendant nos.2 and 3 have established at the prima facie stage that all the properties were the ancestral properties and that partition had taken place in between the defendants no.1 to 3 by virtue of the said document dated 1/2/2005. It is required to be noted that the defendants no.2 and 3 are the brothers of the present 1406wp1424.11.odt 2 petitioner, however, the suit is originally filed by the son of the present petitioner. Having perused the impugned order passed by the courts below, in my view, the discretion exercised by both the courts below does not warrant any interference at the hands of this court in its extraordinary writ jurisdiction. The writ petition is accordingly dismissed. However, the hearing of the Reg.C.S.No.69 of 2010 is expedited. JUDGE chute