1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2260 OF 2009 Shankarrao s/o. Vithalrao Jadhav ....Petitioner. Versus Digambar s/o. Vithalrao Jadhav ....Respondent. Smt. S.G. Chincholkar, Advocate for petitioner. Shri. A.M. Gaikwad, Advocate for respondent. CORAM : R.K. DESHPANDE, J. DATE : 9th August, 2010. PER COURT : 1. This writ petition challenges the order dated 29.1.2009 passed by the District Judge -2, Nanded in Misc. Civil Appeal No. 113/2008. It further challenges the restoration order dated 29.9.2008 passed by the learned Civil Judge, Junior Divisio, Bhokar below Exh. 5 in Regular Civil Suit No. 91/2008. This petition is thus preferred by the original defendant. 2. Notice in this matter was issued on 17th of April 2009 and an ad-interim relief was granted in terms of prayer clause "D" of the petition, as a result of which the order of injunction passed in appeal, 2 impugned in the present petition has been stayed. In response to notice of this petition, Shri. A.M. Gaikwad, the learned counsel appears for respondent sole. 3. The question of grant of injunction considered by the Courts below, revolved around the fact as to whether the plaintiff is in possession of the suit property i.e. Gat No. 151, admeasuring 1 H. 44 R. (Old Survey No. 2/2/A) of village Mauje Kudala, Taluka Umri, Dist. Nanded. The Trial Court, after taking in to consideration the 7/12 extract in respect of land in question, has held that the endorsement contained therein that the property was partitioned in the year 1970 between the plaintiff and his father, cannot be believed as the defendant was born on 13.6.1973. The Appellate Court has believed the said entry and recorded a finding that it was an instance of loose pleadings and the plaintiff has established prima facie case that he is owner and possessor of the suit property. Thus, the possible view is taken by the Appellate Court, while reversing the findings of the Trial Court. In view of this, no interference is called for in the order impugned in this petition. The same is dismissed. The Trial Court is directed to expedite the suit. [ R.K. DESHPANDE, J. ] ssc/wp2260.09