1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2354 OF 2009 Tukaram Shankar Borate & anr. ... Petitioners v/s Shankar Sitaram Palaskar & anr. ... Respondents Mr.R.M.Pethe i/by R.S.Khadapkar for the petitioners. Mr.K.S.Dewal for respondent Nos.1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 18TH JUNE, 2009 P.C.: 1. The petitioners have approached this Court aggrieved by the decisions of the Trial Court as well as the appellate Court rejecting their application for interim relief. 2. The petitioners had filed the suit for injunction 2 against the respondents contending that the respondents had encroached upon their land and were removing the soil from it. The petitioners further contend that they were in possession of the land as they had a registered sale deed executed in their favour in 1995. 2. Both the Courts below have found that the respondents are in possession in view of the possession receipt placed on record before the Court. The Courts have also found that the registered sale deed was not executed by the respondents in view of the fact that they required permission for the sale of the land from the Collector. That permission was being awaited and, therefore, there was no sale deed executed. 3. In my opinion, there is no infirmity in the orders passed by the Courts below and concurrent findings of facts have been recorded by both the Courts below. Apart from this, the petitioners having been unable to show that there is any perversity in the orders of the Courts below except by contending that mutation entries should have been believed rather than the possession receipt. The 3 Courts below have prima facie found that the possession receipt can be accepted and have, therefore, refused any temporary injunction to the petitioners. 4. I do not see any reason to interfere with the impugned orders under Article 227 of the Constitution of India. 5. Writ petition rejected. 6. If an application for expeditious hearing of the suit is made by the petitioners, the same shall be considered by the Court in accordance with law. ..... 4