1 AO 855/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 855 OF 2010 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.B. Borkar for the appellants. CORAM : D.G. KARNIK, J. DATE : 26TH NOVEMBER 2010 P.C. : 1. Heard the learned counsel for the appellants. 2. The appeal is directed against an order dated 3rd October 2008 passed by the learned Civil Judge, Senior Division, Kolhapur, restraining the appellants (original defendants) from disturbing the possession of the respondents. 2 AO 855/10 3. The trial court has recorded a finding of fact that the respondents are in possession of the property since the year 1963. Learned counsel for the appellants submitted that though the respondents may be in possession, the trial court ought to have considered whether the possession was adverse and without recording a prima facie finding of adverse possession, injunction ought not to have been granted. A person, who is in settled possession for more than 40 years, cannot obviously be dispossessed without due process of law. The trial court, therefore, committed no error in granting injunction restraining the appellants from disturbing the possession of the respondents except by due process of law. Consequently, there is no merit in the appeal which is hereby dismissed summarily. (D.G. KARNIK, J.)