KBP 6835-08.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6835 OF 2008 Tatoba Balu Tare ..Petitioner Vs. Makbul Bapu Nadaf and ors. ..Respondents ......... Mr.Manoj Patil, for petitioner. Mr.Rahul Kulkarni, for respondent nos.3 to 4. ....... CORAM : A.S.OKA, J.. DATE : 18 th SEPTEMBER, 2009. P.C. : 1] Heard learned counsel for the petitioner. 2] The Petitioner is the original plaintiff who filed a suit for injunction restraining respondents defendants from interfering with his possession over a property bearing City Survey No.870 is which a small lane. The petitioner claims to have purchased the adjoining property bearing City Survey No.874 by a registered sale deed in the year 1974. An application for temporary injunction was made by the petitioner which was allowed by the trial Court on 18 th April, 2001. The said order was set aside by the District Court in Appeal. 3] The learned counsel for the petitioner submitted that the documents of title produced by the petitioner prima facie show the right of the petitioner over the land bearing C.T.S. No.870 and the said right was protected by the interim order passed by the trial Court which is operating for eight years. He submitted that the respondents cannot prevent the petitioner from using the suit property which is merely a lane. He placed reliance on enquiry register of the City Survey. KBP 6835-08.sxw 2 4] I have considered the submissions. The finding of the appellate court based on documentary evidence is that the respondents were enjoying rights over the suit property bearing C.T.S. No.870 much prior to the purchase of property No.C.T.S. No.874 by the petitioner. In view of the said finding, the result of grant of injunction will be disturbing the status-quo which was prevailing even prior to the purchase of the property bearing C.T.S. No.874 by the petitioner. 5] There is no reason to interfere with the discretionary order of the Appellate Court in this Writ Petition under Article 227 of the Constitution of India. The Writ Petition is rejected. It is made clear that the findings recorded by the appellate court as well as this court are tentative findings and the trial court shall decide the suit without being influenced by the said findings. All contentions of the parties are expressly kept open. ( A.S.OKA, J. )