1 wp 8352.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8352 OF 2011 Anitabai Suresh Upparwad and another .. Petitioners Versus Yamunabai Ramrao Jellewad and others .. Respondents Shri S. P. Katneshwarkar, Advocate for Petitioners. CORAM : S. V. GANGAPURWALA, J. DATE : 07TH DECEMBER, 2011. PER COURT : . The present respondents have filed a suit for declaration and injunction. Along with the suit the respondents also filed an application for temporary injunction. The Trial Court allowed the application for temporary injunction. Aggrieved thereby petitioners/original defendants preferred an appeal. The District Court dismissed the appeal. The defendants have assailed the said orders in the present writ petition. 2 wp 8352.11 2. Shri Katneshwarkar, the learned counsel for petitioners submits that, the Courts have not taken into consideration the 7/12 extracts filed on record in correct perspective. The present petitioners have proved that they are in possession of the property. The Courts below have failed to consider the pleadings of the parties in the correct perspective. Even the respondents/plaintiffs could not file on record the affidavit of adjacent land owners. All these aspects have not been considered properly. 3. Both the Courts concurrently on prima facie assessment of the evidence and facts have come to the conclusion that the plaintiffs have proved the prima facie case. The decrees passed in R.C.S. No. 94/199 and R.C.S. No. 121/1999 have also been considered. Finding arrived at by the Courts below is plausible one. In view of that no interference is called for in writ jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is accordingly dismissed, however, with no order as to cost. 4. Needless to state the observations made herein are only prima facie in nature and the Trial Court shall decide the suit on 3 wp 8352.11 its own merits dehors the observations made herein. The Trial Court shall decide the suit expeditiously and preferably within nine (9) months from today. [ S. V. GANGAPURWALA, J. ] bsb/Dec. 11