{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.215 OF 2011 WITH CIVIL APPLICATION NO.15321 OF 2011 Baburao s/o Vitthal Kshirsagar and others Appellants Versus Mohammad Rashid Salim s/o Hakim Moohammad Yusuf Nayyar and others Respondents Mr.Girish N. Kulkarni (Mardikar), advocate for appellants. Mr.Sanjay V. Mundhe, advocate for Respondents No.2 & 3. Mr.H.V.Tungar, advocate for Respondents No.1, 4 & 5. CORAM : K.U.CHANDIWAL, J. DATE : 19 th December, 2011 PER COURT: 1 Heard. 2 Refusal to grant injunction below Exhibit-5 in Special Civil Suit No.85/2011, by order dated 23.11.2011 by learned Civil Judge, Senior Division, Beed, is questioned by the plaintiffs. 3 Though several contentions are raised by the appellants, however, it is prima facie indicated, the appellants are not equipped with the document to suggest their possession {2} concerning the suit property. The other aspects, to which the learned Counsel has given reference in respect of Regular Civil Suit No.210/2003 is inconsequential. The production of certified copy of Regular Civil Suit No.210/2003 concerning the same subject matter at later stage will not absolve from the obligation to have pleaded these aspects. It was, in this context, the learned Judge has made reference in paragraph 11 of the order about the conduct of the plaintiffs and dismissal of the earlier suit for partition and possession on 25.03.2010. 4 The order under challenge does not call for interference. 5 Appeal from Order stands dismissed. No costs. Civil Application is dismissed. The learned Judge, seized with the matter, shall expeditiously ensure its disposal after completion of pleadings. K.U.CHANDIWAL JUDGE adb/ao21511