gst 1 ao499.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 499 OF 2010. Vishnu Aatmaram Suryawanshi & Ors. ... .... ...Appellants. V/s Smt.Sindhu Mahadeo Suryawanshi & Ors. .. ... ..Respondents. Mr.Dilip Boadake, Adv. For the appellants. CORAM: B.R.GAVAI, J. 12th Jan., 2011. PC: The appellant challenges the order dated 9.4.2010 passed by the learned II Jt. Civil Judge, S.D., Satara vide which the application filed by the respondent (plaintiff) for granting temporary injunction came to be allowed. 2. Shri Bodke, learned counsel appearing on behalf of the appellants submits that the learned trial Court has grossly erred in granting injunction in favour of the respondent-plaintiff. It is submitted that the suit properties were purchased by the appellant No.1 and that in pursuance of the said sale deed the appellant No.1 was put in possession of the suit properties. He therefore submits that the impugned order is not sustainable in law. 3. The scope of appeal against an order under Order 43 Rule 1(r) is very limited. Unless it is found that the view taken by the learned trial Court is either impossible or perverse, it is not permissible for this Court that just because this Court finds another view is possible to entertain the appeal. The trial Court upon the evidence which was placed before it including the affidavit of real sister of the present appellant No.1 has found that the plaintiff had prima facie established that the plaintiff was in possession of the suit properties. The partition deed on which the plaintiff relies also found favour with the trial Court gst 2 ao499.10.sxw in as much as the said Hirabai stated in her affidavit regarding her present at the time of execution of partition deed and I find there the signatures of the attesting witnesses. In that view of the matter I do not find that any case is made out for interference in the present appeal. Hence the appeal is dismissed. 4. However it is made clear that the observations made by this court while dismissing the appeal should not be taken into consideration by the trial Court while deciding the suit on its own merits. Taking into consideration the fact and circumstances of the said case learned trial Court is directed to expedite the hearing of the suit and conclude the hearing thereafter as expeditiously as possible and preferably within one year from today. 5. In view of dismissal of appeal Civil Application No.645/10 does not survive and the same also stands disposed of.