1 wp-4165-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4165 of 2011 Nathuram Gangaram Utekar .. Petitioner Versus Chandralekha Chandrakant & Anr. .. Respondents Mr. Sandesh D. Patil for the Petitioner CORAM : R.M.SAVANT, J. DATE : 15th NOVEMBER, 2011 P.C. : 1 There is a concurrent finding in so far as, the refusal of temporary injunction is concerned. The case of the Petitioner is that though the original licence was created in respect of 1 ½ gunthas, however, thereafter the Defendants have encroached upon the further area totally making it 3 ½ gunthas, for the acceptance of the said case, both the Courts below are of the view that it is only upon the evidence that the said case can be decided and therefore, both the Courts below were of the view that it would be premature to give any finding as regards the possession / occupation of the Defendants of 3 ½ gunthas when it is illegal or unauthorized. Both the Courts 2 wp-4165-11 below have therefore, concurrently held that the Plaintiff has failed to make a prima facie case for grant of temporary injunction and accordingly the application Exhibit-5 by the Trial Court and the Appeal filed thereafter, has been rejected by the Courts below. 2 Considering the reasons mentioned by the Courts below and considering the well settled provisions applicable to grant of temporary injunction, the Orders passed by the Courts below cannot be said to suffer from any infirmity or illegality to warrant interference by this Court in its writ jurisdiction. 3 The Writ Petition is accordingly dismissed. 4 It is made clear that the Respondents will restrict themselves to the area of 3 ½ gunthas of land allegedly in their occupation. (R.M.SAVANT, J.)