1 wp-9172-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9172 of 2011 Vijay Rajaram Sankpal .. Petitioner Versus Savla Yadu Dhamal & Ors. .. Respondents Mr. Manmath S. Athalye for the Petitioner CORAM : R.M.SAVANT, J. DATE : 23rd NOVEMBER, 2011 P.C. : 1 The above Petition takes exception to the order dated 23­8­2011, passed by the Learned Civil Judge, Junior Division, Khandala, by which order, the application Exhibit 47 filed by the Defendant in Regular Civil Suit No.43 of 2004 for referring the matter to the consolidation officer under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, came to be rejected. 2 The Petitioner is the Defendant No.2 in the Regular Civil Suit No.43 of 2004 filed by the Respondents for injunction simplicitor in respect of the suit property. The Plaintiff claimed to be in possession of the said property by virtue of the allotment made under the consolidation scheme which was implemented in the villages in question. The Petitioner is the Defendant No.2 who has disputed the said case of the Plaintiffs. Since it is 2 wp-9172-11 the case of the Plaintiffs that they are in possession of the property pursuant to the consolidation scheme. The Petitioner/Defendant filed an application for referring the said issue to the consolidation officer. The Trial Court was of the view that since the suit is simplicitor for injunction, the burden of proof is upon the Plaintiffs to not only prove their possession but also the lawful title over the suit property. 3 In my view, the reasons mentioned by the Trial Court in rejecting the said Application exhibit 47 could not be found fault with. As observed by the Trial Court, if the Defendant disputes the consolidation scheme, it would be open for the Defendant to make an appropriate application before the authorities concerned under the said Act. In that view of the matter, no case for interdiction is made out. The writ petition is accordingly dismissed. (R.M.SAVANT, J.)