1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Writ Petition No. 2289 of 2010 Smt. Asha D. Dhabale ...VERSUS.. Anusayabai Wd/o Mahadeo Wanjari and another =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- C ORAM : B.P.DHARMADHIKARI, J. DATED : 07th MAY, 2010. Heard Mr. M.D.Lakhe, learned counsel for the petitioner. The appellate court has rightly considered the controversy. The petitioner/defendant accepted the possession of respondents, but he contended that the possession was only on 2/3rd portion and remaining 1/3rd portion was in his possession. The learned counsel for petitioner is not in a position to explain how the names were mutated during the life time of Mahadeo. In the circumstances, the application of mind by the learned lower appellate court cannot be labeled as either perverse or erroneous. No case is, therefore, made out by the petitioner warranting interference in the matter in writ jurisdiction. However, in the interest of justice, the proceedings in Regular Civil Suit No. 8/2009 on the file of Civil Judge, Junior Division, Karanja, are expedited and the trial court is directed to decide the same as early as possible and in 2 any case within a period of one year from the date of communication of this order to it. It is made clear that the observations made by this Court or by the lower appellate court in the matter, shall not come in the way of trial court while considering the controversy on merits. With these directions, the Writ Petition is disposed of. No order as to costs. JUDGE. Diwale