1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7712 OF 2008 Smt.Shantidevi D. Nevatia & Ors. ..Petitioners. V/s. Smt.Jaspal B. Basra & ors. ..Respondents. Mr.Rakesh Pandey for Petitioner. Ms.Sangita Mule i/b. V.J.Hegde for respondent Nos.1 to 3. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. DATE : JANUARY 12, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. In my opinion, no interference is warranted in exercise of Writ jurisdiction against the interlocutory order passed by the Court below. As a matter of fact, the view taken by the trial Court is the correct position. In law, the burden is on the Plaintiffs to prove the fact alleged in the plaint regarding permanent unauthorised construction and change of user, if any. Hence dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)