W.P. No.3467 OF 2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3467 OF 2010 Arvind Balaji Walvekar & Ors. ... Petitioners V/s. Suryakant Balaji Walvekar & Ors. ... Respondents Mr.G.S. Godbole i/b Siddharth Ronghe for Petitioners None for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: AUGUST 4, 2010 P.C.: 1. Mr.Godbole appearing for the petitioners submits that both the Courts below have not considered the judgment of the Supreme Court in the case of Tanusree Basu & Ors. v/s. Ishani Prasad Basu & Ors., (2008) 4 SCC 791 while deciding whether interim relief should be granted to the petitioners. The petitioners claim that they are in exclusive possession of the suit premises as Bharat Sanchar Nigam Limited has handed over the suit premises to them. They contend that they therefore have a right to obtain an injunction against the defendants who are their co-owners. Reliance is placed on the possession receipt by Mr.Godbole. This receipt indicates that the suit premises have been handed over the landlords. 2. In my opinion, the judgment of the Supreme Court does not help the petitioners in any manner as it is still to be proved whether the petitioners were in W.P. No.3467 OF 2010 : 2 : exclusive possession of the suit premises once they were handed over by the BSNL. Both the Courts below have rightly held that since the defendants are co-owners, no injunction can operate against them. It is also equally true that the petitioners will also have a right of possession over the suit property, just as their co-owners. 3. Petition rejected.