IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 106 OF 2010 SMT. GAURAWA RAMCHANDRA PUJARI ... Petitioner Versus SHRI PRAKASH PUJARI AND ANR., ... Respondents Mr. V. P. Thali, Advocate for the petitioner Coram:- U. D. SALVI, J. Date:- 6th August, 2010 P.C. The petition was posted for final hearing today. None appears on behalf of respondents. 2. Heard. Perused petition and annexures therewith. 3. The petitioner has filed Regular Civil Suit no. 45/2006 before the Civil Judge, Junior Division, at Sanquem for permanent injunction restraining her son-in-law from obstructing her while exercising possessory right over the suit property bearing survey no. 48/7 at Baag,village Rivona, Taluka Sanquem, District South Goa. The plaintiff has pleaded that the suit property was purchased jointly by her and her husband by sale deed dated 25.7.1994 and has developed the said property by growing fruit bearing trees. She has further pleaded that she is making living from the income earn from the farm produce grown in the suit property and by various act of violence she has been obstructed by the defendant from growing the farm produce and making living thereby. Besides denials, the defendants/Respondents have generally raised plea of untenability of the suit vide written statement dated 7.6.2007. Learned Civil Judge, appears to have been carried away by the averments in the plaint regarding act of violence suffered by the plaintiff and has framed the preliminary issue as to maintainability of the suit under section 4 of the Specific Reliefs Act, 1963. It can be seen from the plaint that the plaintiff as owner of the suit property by virtue of sale deed dated 25.7.1994 is trying to protect her possessory right from the acts of the defendants. Keeping this in mind, the learned trial Court shall hear and dispose of the preliminary issue raised by him without being influenced by the observations made in the impugned order, within a period of one month from the receipt of the Writ of this Court. 4. Parties to appear before trial Court on 23.8.2010 at about 10.00a.m. 5. This petition stands disposed off accordingly, with no order as to costs. U. D. SALVI, J. vn