ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4092 OF 2008 PETITION NO. 4092 OF 2008 PETITION NO. 4092 OF 2008 Suryakant Bapu Suryawanshi & Ors. ...Petitioners. Vs. Jaysing Baburao Sandage & Ors. ...Respondents. Mr.P.R.Arjunwadkar for the Petitioners. Mr.Tushar Pimple i/by Mr.Vijay Killedar for Respondent No.1. CORAM CORAM CORAM : : : ANOOP V.MOHTA, J. ANOOP V.MOHTA, J. ANOOP V.MOHTA, J. DATED DATED DATED : 19th November, 2008. : 19th November, 2008. : 19th November, 2008. P.C.:- P.C.:- P.C.:- The Petitioners have challenged the impugned order whereby the Appellate Court refused to grant interim relief of stay of possession (Exhibit 7) as the Courts below while dismissing the suit categorically held that the Plaintiffs have failed to make out prima facie case for grant of temporary injunction; there is no balance of convenience; and there would be no irreparable loss or injury. 2. This is on the foundation of the impugned judgment and order passed by the Courts below, after evaluation of oral and documentary evidence held that ( 2 ) the Petitioners-Plaintiffs failed to prove the existence of their alleged possession over the suit land as on the date of the suit. There is no right declared by any Revenue Court that they are in possession of the suit land as a tenant. There is no revenue record or material to substantiate their possession and cultivation over the suit land. Having once given the finding by the Courts below and appreciated by the Appellate Court while refusing to grant an injunction and if there is no finding so far as the possession in favour of the Petitioners-Plaintiffs, I see there is no reason, now to grant any relief in favour of the Petitioners as prayed. There is no perversity in the order, as it is within a framework of law and record. 3. The Petition is, therefore, dismissed. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)