1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 425 OF 2009 WITH CIVIL APPLICATION NO. 512 OF 2009 Shri Shivprasad Ranganath Taware & Ors. ....Appellants Versus Shri Ashok Pandurang Taware & Ors. ....Respondents. Mr. R.A.Thorat & Ms.Vrushali Tapker for the Appellants. CORAM : R. V. MORE, J. DATED : 16TH APRIL, 2009. P.C. Heard, learned Counsel for the Appellants. 2. The Appellants are Original Plaintiffs. They filed Special Civil Suit No. 216 of 2008 for partition and permanent injunction. The Appellants- Original Plaintiffs also filed interim applications at Exhibits “5”, “32” and “55”. Applications under Exhibit-5 and 55 were taken out for interim injunction restraining the Respondents from creating any third party interest in the suit property. The application under Exhibit-32 was taken out for interim injunction restraining the respondents from dispossessing or interfering in the Appellants' possession in the Suit property and further injunction restraining the respondents from carrying 2 out any construction on the suit property. The Trial Court granted the Appellants' applications at Exhibit- “5” and “55”. So far as the Application at Exhibit “32” is concerned, the Appellants' prayer that they should not be dispossessed from the suit property was rejected. 3. The Appellants claim that they alongwith the Respondent No.1 to 7 constitute a joint family and the suit property belongs to joint family property. The Respondent Nos.1 to 7 on the contrary claims the suit properties were partitioned on 13th July, 1941 and thereafter the partition was given effect in record of rights. The Trial Court, prima-facie accepted the respondents' possession in pursuance of the aforesaid partition. The Appellants could not point out any evidence showing their possession in the suit property. In that view of the matter, I do not find any error in the order passed by the Trial Court. The Appeal from Order is accordingly, disposed of. 4. In view of the disposal of the above Appeal from Order, the Civil Application No.512 of 2009 will not survive and the same is, accordingly disposed of. (R. V. MORE, J.)