ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.7788 OF 2008 PETITION NO.7788 OF 2008 PETITION NO.7788 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.G.M.Savagave for the Petitioner. Mr.D.V.Sutar for Respondent Nos.1 and 2. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 15th December, 2008. : 15th December, 2008. : 15th December, 2008. P.C. P.C. P.C. The Petitioner-Plaintiff has challenged the reversal order passed by the lower Appellate Court whereby allowing Defendant’s Appeal, rejected injunction application filed by the Plaintiff. 2. The suit is for declaration and injunction with regard to the suit plot in question which is according to the Defendant purchased by him by registered sale-deed. The Petitioner-Plaintiff, however, contending that the same was purchased jointly from the income of ( 2 ) joint family property. However, there is no reference made of the same in the partition dated 31/05/1993 as relied strongly by the Petitioner-Plaintiff. The case is that, it was by mistake not referred therein. Therefore, at this stage, that is also a bone of contention whether that property is purchased from the income of joint family property or self acquired property out of them. 3. The original Defendant No.1 paid the taxes of the property and is recorded in his name. He moved an application and accordingly concerned authority has sanctioned the plan of the house over the suit property. The Appellate Court right in reversing the said order. The Police statement just cannot be the foundation to grant the injunction as prayed. The reversal impugned order as passed, therefore, need no interference. The Petition is, therefore, dismissed. No costs. ( 3 ) [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]