1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2031/2011 Sitaram B. Waikos (Dead) through LR’s Chhabutai S. Waikos and ors. V/s. Suryakant R. Waikos and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. R. L. Khapre, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 28 , 2011 . Heard Shri. R. L. Khapre, learned counsel for the petitioner and Shri. A. A. Gupta for the respondent. Both the Courts have concurrently held and rightly so after considering the various documents on record that the petitioner failed to prima facie prove his ownership over the suit property. The Courts considered the maps produced by the parties on record along with the mutation entries as well as the sale deeds executed by the parties and the Deed of Partition to hold that the petitioner/plaintiff did not prima facie prove that he was the owner of the property which was sought to be alienated by the respondents. The findings recorded by both the Courts are based on a proper appreciation of the documentary evidence on record and call for no interference in exercise of the writ jurisdiction. The judgment reported in 2005(1) Mh.L.J. Page 1043 can not be made applicable to the facts of this case. The 2 observations of the first Appellate Court that the plaintiff ought to have registered the suit notice under Section 18 of the Registration Act are passing observations made by the Court and have no relevance with the issue of grant of temporary injunction. Since the orders passed by both the Courts are just and proper, the writ petition is dismissed with no order as to costs. JUDGE Punde