1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2678 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 2678 OF 2011 *** 1. Heard. Petitioner/ plaintiff is before this Court challenging concurrent rejection of his application for temporary injunction. Both the Courts have found that area claimed to be in his possession is in excess while area as disclosed in the sale deed through which they initially derived their title was only 2 Ares. In view of this finding, contention of petitioners that present Respondent is constructing in fact upon plaintiffs Gat No.1181 under the guise of raising construction on Gat No.1176 has not been accepted. The consideration is based upon documents on record and cannot be said to be as erroneous or perverse. 2. Learned counsel for petitioners/ plaintiffs has contended that if construction is allowed to proceed further, the situation may become irreversible. Suit as filed is 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 2678 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. for declaration and injunction. The petitioners/ plaintiffs, therefore, can always take appropriate steps to safeguard their interest. The construction during pendency of suit cannot and does not clothe the Respondents with any additional right either in law or equity. I am, therefore, not inclined to entertain this petition. Writ Petition is rejected. 3. However, trial Court shall attempt to decide Regular Civil Suit NO.40 of 2010 at the earliest. [B.P.DHARMADHIKARI, J.] Dated:05/04/2011. ans/2678