-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 4149/2008. ( Rambhau S. Gaikwad . -versus- Dinkar B. Shendge) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : SEPTEMBER 29, 2008. Heard learned Counsel for Parties. The learned counsel for petitioner relies upon the statement made in agreement of sale to claim benefit of Section 53A of the Transfer of Property Act. The learned counsel for respondent states that the Lower Appellate Court has relied upon the revenue entries to find that the present respondent is in possession. Perusal of impugned judgment dated 18.8.2008 shows that the said Court has considered agreement between the parties, statement of handing over possession therein and also actual revenue entries. The Court has also found that -2- consideration of istegasha report by the Trial Court was on record. The revenue entries show cultivation of present respondent. This finding of Lower Appellate Court cannot be said to be perverse. Hence, I am not inclined to interfere in writ jurisdiction. Writ Petition is dismissed. No cost. However, the proceedings in Civil Suit No. 12/2008 are expedited and the Court below shall decide the same as early as possible and in any case within a period of two years from the date of communication of this order to it. Till then the respondent shall not create any third party interest and maintain status quo in relation to suit property. JUDGE Rgd.