1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4400 OF 2009 Masudsaheb S/o Mahetabsaheb Shaikh & Oths. .... PETITIONERS V E R S U S Reshma Wd/o Ilahi Shaikh & Oths. .... RESPONDENTS Mr. G.O. Wattamwar holding for Mr.S.G. Rudrawar, Counsel for Petitioner. Smt. S.S. Autade, A.G.P. for State. ................... [ CORAM : K.K.TATED, J. ] DATE : 24/7/2009 PER COURT : 1. Rule. 2. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 3. Heard Mr. S.G. Rudrawar, learned counsel appearing on behalf of petitioner and Smt. S.S. Autade, learned A.G.P. for respondent nos. 2 & 3. 4. In this Writ Petition under Article 227 of the Constitution of India, the petitioners are challenging the Order dated 5/5/2009 passed by the District Judge – 1, Nilanga in Misc. Civil Application No. 26 of 2008. The petitioners are original plaintiffs. They filed R.C.S. No. 184 of 2008 in the Court of the Civil Judge (Sr. Division), Nilanga for permanent injunction restraining Respondent no. 1 from interfering their possession over the suit land situated at village Hangarga, Taluka Nilanga bearing Gut No. 74 admeasuring 40 R. and Gut No. 126 admeasuring 30 R. The respondent no. 1 is daughter-in-law of petitioner nos. 1 and 2 and mother of petitioner no. 3. The suit property was in the name of deceased Ilahi, the husband of respondent no. 1 and son of petitioner nos. 1 and 2. It is the case of the petitioners that the respondent no. 1 is disturbing their possession over the suit property and trying to mutate the entire property in her name in revenue records. In R.C.S. No. 184 of 2008, petitioners preferred application below Exh. 5 for injunction. The said Exh. 5 came to be dismissed by the Civil Judge (Sr.Division), Nilanga on 26/11/2008, holding that petitioners and Respondent no. 1 being legal heirs of deceased 3 Ilahi are entitled to joint possession in respect of the suit property. On the same ground, the appellate Court also dismissed Misc. Civil Application No. 26 of 2008 preferred by the petitioners. 5. On the face of it, it is clear that petitioners as well as respondent no. 1 being legal heirs of deceased Ilahi are entitled to joint possession in respect of the suit property. Therefore, there is no question of passing any injunction restraining joint owner from entering or using the suit property. 6. The jurisdiction of the High Court under Article 227 of the Constitution of India is limited. Impugned order can be set aside only on limited ground, namely illegality, irrationality and procedural impropriety. In any case, there is concurrent findings of both the Courts in respect of joint possession of the suit property. Considering these facts, I do not find any substance in the present Writ Petition and the same is dismissed summarily. [ K.K.TATED ] JUDGE knp/WP4400.09 4 5 6 7 8 9 10 11 12 13