1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.2249 of 2008 Shri Shripati Dattu Kasote & ors. Petitioners Vs. Shri Bhimrao Baburao Gavandi & anr. Respondents Mr.S.S.Patwardhan for petitioners. Mr.S.M.Kamble for respondents. CORAM: B.H.MARLAPALLE, J. April 7, 2008 P.C. . Heard Mr.Patwardhan, the learned counsel for the petitioners who are plaintiffs in Regular Civil Suit No.49 of 2007. Mr.Kamble appears for the respondents who have also instituted Regular Civil Suit No.37 of 2006. Both the Courts below have held while rejecting the application for injunction at Exhibit 5 that the present plaintiffs could not make out a prima facie case in support of the prayer for temporary injunction. Mr.Patwardhan referred to the Written Statement filed in Regular Civil Suit No.37 of 2006 wherein the defendants therein have admitted the title of the plaintiffs. The lower Appellate Court held on this point that the Written Statement by itself cannot be treated as evidence and, 2 therefore, the same could not be relied upon for deciding the Misc. Civil Appeal. This view taken by the lower Appellate Court cannot be termed as perverse or grossly erroneous so as to call for interference under Article 227 of the Constitution. The lower Appellate Court noted that the Tahsildar gave decision on 23/7/2007 and on 31/7/2007 entered the names of the defendants in the cultivation column of the 7/12 extract of the suit land. It would be, therefore, appropriate that both the suits are clubbed and are heard together. . Hence the petition is rejected and it is directed that RCS No.49 of 2007 and RCS No.37 of 2006 be clubbed and heard together. Trial of the Suits is hereby expedited. (B.H.MARL