-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8121 OF 200 WRIT PETITION NO.8121 OF 200 WRIT PETITION NO.8121 OF 2007 Smt. Sitabai Dattu Gondhali & ors. .. Petitioners. Vs Shri Satgonda Ligonda Patil and ors. Respondents. Mr P.D.Pise, for the petitioners. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 05.02.08. DATE : 05.02.08. DATE : 05.02.08. PC: PC: PC: 1. Heard learned counsel for the petitioners. 2. This petition is directed against the judgment and order passed by the the courts below in the proceedings arising from the application at Exhibit-5 in Regular Civil Suit No.110 of 2006. Both the courts below have concurrently held that the respondents-plaintiffs are in possession of the suit property. The contention that the courts below have committed an error in holding that there exits prima facie case in favour of the plaintiffs and that section 53-A of the Transfer of Property Act has no application to the case in hand as possession of the plaintiffs is illegal, in my opinion, can be considered by the trial Court while disposing of the suit. The judgments relied upon by the learned counsel for the petitioners in Dadasaheb Dhondiba Jagtap Vs. Anant Shivram Poman, 2006(1) Bom.C.R.821 and Balmik Vs. Ramnaresh Singh and Ors, 2003 -2- (1) All MR 351 (SC) can also be cited and relied upon before the trial Court. There is no dispute that the interim order passed by the trial Court on 7.12.2006 is in operation till this date. In the circumstances, this writ petition is dismissed. However, considering overall facts and circumstances of the case, the trial court shall endeavour to dispose of the suit as expeditiously as possible and preferably within a period of eight months from the date of receipt of this order on merits in accordance with law and without being influenced by the observations made in the impugned judgment. It is needless to state that the contentions urged by the learned counsel for the petitioners are kept open. The trial Court shall consider the abovementioned and other judgments so also the other material that will be relied upon while disposing of the suit. With these observations, the writ petition is disposed of. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.)