spb/- 1 wp5013-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5013 OF 2011 Mahammad Fataruddin Sayyad & Anr. ... Petitioners. V/s. Shri Sachin Jagdish Agarwal ... Respondent. ----- Mr. T.D. Deshmukh for the Petitioners. ----- CORAM : D. G. KARNIK, J. DATE : 28th JULY, 2011. P.C. : 1 The petitioners are the owners of the land. They entered into a development agreement and granted a license to the respondent for entering upon their land for the purpose of development. On account of certain disputes between them, the petitioners filed a suit against the respondent for an injunction simplicitor and applied therein for an interim relief of injunction. The trial court rejected the application. In appeal, the appellate court confirmed the decision of the trial court. 2 Prima facie the license has become irrevocable in view of section 60 of the Easement Act. Both the courts below have concurrently held that the respondent is in possession of the property. Learned counsel spb/- 2 wp5013-11.sxw for the petitioners submitted that the possession was not handed over to the respondent. The development agreement clearly shows that the respondent was allowed to enter upon the property and he was in permissive possession and the license is irrevocable. The court committed no error in rejecting the application for injunction. 3 The writ petition is rejected summarily. (D.G. KARNIK, J.]