1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.5442 of 2009 (Dhanraj Sitaram Lohakare v. Vijaykumar Chhannulal Malviya) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 16, 2009. Heard Advocate Shri Anand Parchure with Advocate Shri Mohta for the petitioner and Advocate Shri S.V. Purohit for the respondent. The orders impugned are concurrent and by those orders, the Courts below have granted temporary injunction to respondent-plaintiff and protected his possession. The perusal of the order of lower Appellate Court shows that it has noticed that there were documents on record, which reveal that at the relevant time, the possession was of the respondent-plaintiff. It has perused the documents regarding settlement at page Nos.201 and 203 of the paper-book before it. It has also found that before institution of the suit, the respondent-plaintiff had issued two notices, that is dated 22-12-2008 and 4-5-2009 requesting the present petitioner to execute a document of reconveyance and not to disturb his peaceful possession. Thus, the finding of possession of the respondent-plaintiff is based upon the documents on record. The learned counsel for the petitioner has 2 attempted to show the plea in written statement that after the respondent-plaintiff executed a sale-deed in his favour and possession was handed over, the business was jointly started. However, apart from such plea, there is nothing on record to show that any such business was undertaken jointly. In this situation, no case is made out warranting interference in writ jurisdiction. The learned counsel for the petitioner has prayed that in the circumstances, the proceedings in the suit should be expedited. The learned counsel for the respondent has pointed out that the suit is of the year 2009. Liberty is given to the petitioner to move the Trial Court for expeditious hearing of the suit. The writ petition is accordingly dismissed. No order as to costs. JUDGE pdl.