1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3751 OF 2008 (Sau. Sushma Vijay Uttarwar vs. Shamrao Namdeo Surpam & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 17, 2008. Heard Shri De, learned counsel for the petitioner and Shri Lambat, learned counsel for the respondents. The present petitioner – plaintiff pointed out to the trial Court that the counter claim claiming adverse possession as raised by the respondents – defendants is totally misconceived and not made out at all. The said contention has not been accepted by the trial Court and challenging that order dated 19.4.2008, passed on the petitioner's application under Order 7, Rule 11 of Civil Procedure Code, present writ petition has been filed. Shri De, learned counsel has strenuously urged that the story in support of counter claim as sought to be introduced is unconceivable. He further argues that the pleadings in para 3 of the counter claim itself show that period of of 12 years has not been completed and as such the petitioner – 2 plaintiff is unnecessarily called upon to meet the case of adverse possession. Shri Lambat, learned counsel contends that the petitioner – plaintiff has already filed a written statement opposing the counter claim and in such circumstances, this Court should not interfere in writ jurisdiction and all the contentions of the petitioner can be kept open for consideration by the trial Court while examining the issue on merits. Considering the nature of controversy and as also the fact that the written statement is already filed opposing the counter claim, I do not find it appropriate to interfere in writ jurisdiction. The suit filed by the petitioner – plaintiff is expedited and the Court shall decide the same as early as possible and in any case by 30th September 2009. The arguments of Shri De, learned counsel are kept open for consideration by the trial Court at the stage of final adjudication. With this clarification, writ Petition is disposed of. No costs. JUDGE *GS.