SM 1 9.ao.641.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 641 OF 2011 WITH CIVIL APPLICATION NO. 870 OF 2011 IN APPEAL FROM ORDER NO. 641 OF 2011 Mr. Abdul Rawab Mohabbat Ali ....Appellant. Versus Smt. Newasi Khatton wd/o. Mohabbat Ali ....Respondent. ____________ Mr. Asit Singh for the Appellant. Mr. O. P. Singh for the Respondent. CORAM: R. M. BORDE, J. DATED : OCTOBER 3, 2011. P.C.: Notice of Motion taken out by the plaintiff has been allowed by the Judge, City Civil Court by virtue of order passed on 28th March, 2011 and the said order is subject matter of challenge in this Appeal from Order. 2. The Plaintiff claims to be in possession of Gala No. A-12 which has been alloted to her in family settlement, which took place between the Plaintiff and the Defendant. In order to substantiate her case, the plaintiff placed reliance upon documentary evidence including the Deed of Family Settlement, the ration card showing her possession on the premises, licence issued under the Shops and Establishment Act, which indicates that the plaintiff is doing business of scrap material in the suit premises. Considering the documentary evidence placed on SM 2 9.ao.641.11 record by the plaintiff, she appears to have established her case in respect of possession over Gala No. A-12, prima facie. 3. The Defendant's contention is that the Deed of Settlement has not been acted upon and the same is required to be followed by execution of deed of partition between parties. Perused the Deed which was not executed. However, considering the prima facie contention; and the documentary evidence presented by the plaintiff it was found that plaintiff has established her prima facie case. On perusal of the order passed by the Trial Court, I am convinced with the reasons recorded by the Trial Court in support of the order, are convincing and rational. There is no merits in the Appeal from Order and the same is dismissed. 4. Pending Civil Application stands disposed of. (R. M. BORDE, J.)