1 AO 757 OF 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.757 OF 2010 Smt Barkubai Mahadu Punde and ors .. Appellants -versus Smt. Bhagabai Ananta Punde and ors .. Respondents. Mr. K.S. Patil, for the Appellants. CORAM: A. S. OKA, J. DATED: 3rd May, 2011 P.C. 1. Heard learned counsel appearing for the appellants. The appellants are the original defendant Nos 1, 2, 6 and 7 and the respondent Nos 1 and 2 are the plaintiffs. Suit was filed by the first and second respondents for partition, separate possession and for other reliefs. On the application for interim relief filed by the first and second respondents, by impugned order dated 6th July, 2009, original defendant Nos 1 to 7 have been restrained from creating third party interests in respect of the suit property and from disturbing the joint possession of the first and second respondents over the suit properties. 2. Learned counsel appearing for the appellants submits that there is prima facie evidence of the partition effected between the parties and by ignoring the said evidence in the form of mutation entries, the impugned order 2 AO 757 OF 2010 has been passed. 3. By the impugned order, joint possession of the plaintiffs and defendant Nos 1 to 7 has been protected. There is a prima facie finding recorded that family continues to be joint family notwithstanding the mutation entry made in the year 1961. On the basis of aforesaid prima facie finding, the impugned order which is an order of equitable and discretionary nature has been passed on 1st July,2009. 4. At this stage, no interference is called for with the discretionary order. Appeal from Order is dismissed accordingly. (A. S. OKA, J.)