1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.242 OF 2008 Anand Kashiram Wagh .. Petitioner Versus Pandit Ukha Wagh & Ors. .. Respondents Mr.Sandeep Shinde for petitioner CORAM : S.C.DHARMADHIKARI, J. DATE : 17th January 2008 P.C. . Heard Mr.Shinde for petitioners. Perused the impugned orders. The lower appellate court was right in holding that the will which was dated 22nd September 1981 has not been brought 2 before any authority but reliance was placed on the same for the first time in February 2007. During the intervening period, the defendants have produced enough material to show that they are in physical possession of the suit property. In such circumstances, the lower appellate court has committed no error in stepping in and reversing the order of the trial court passed at the interlocutory stage. All observations and findings are tentative and prima facie and, therefore, there is no apprehension that they will weigh with the trial court while deciding the matter finally. Even at this stage, the petitioner is not prevented from requesting the trial court to pass appropriate orders so as to prevent alienation of suit property. Granting such liberty, petition disposed of. (S.C.Dharmadhikari, J)