spb/- 1 wp4746-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4746 OF 2011 Rahul Rasiklal Nahar ... Petitioner. V/s. Smt. Barkabai Ganpat Gole & Ors. ... Respondents. ----- Mr. I.M.Khairdi for the Petitioner. Mr. P.D.Paranjape for Respondent No.2. ----- CORAM : D. G. KARNIK, J. DATE : 28th JULY, 2011. P.C. : 1 The petition is directed against the order passed by the appellate court arising out of an interlocutory application and calls for no interference in exercise of an extra ordinary jurisdiction of this court under Article 227 of the Constitution of India. 2 The petitioner claims to be the purchaser of a joint family property from respondent nos. 5 to 9. The respondent nos. 1 to 4 are other members of the joint family. They claim an injunction, restraining the petitioner from disturbing their possession. The trial court refused injunction but the appellate court granted injunction. Finding recorded by the appellate court that the respondents nos. 1 to 4 are in possession spb/- 2 wp4746-11.sxw of the property is a possible finding of fact which does not require any interference. Even otherwise a remedy for a purchaser of an undivided share in the joint family property is to file a suit for partition and separation of his share by metes and bounds. Until the share purchased by him is separated by metes and bounds, he cannot claim exclusive possession of the property. 3 There is no merit in the petition which is hereby rejected. (D.G. KARNIK, J.]