Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.7999 of 2008 Pandurang S. Bhapkar ...Petitioner V/s. Ankush Gulab Bhapkar & ors. ...Respondents Mr. Rohan Surve i/b. Madhav Jamdar for the petitioner. Mr. R.S.Kate for respondent no.6. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 : 15TH JANUARY, 2009 P.C. . Heard Counsel for the parties. Going by the documents which were placed on record before the Court to consider prayer for interim-relief, no fault can be found with the concurrent opinion recorded by the two Courts below on the basis of analysis of those documents. Counsel for the petitioner, however, now for the first time intends to rely on documents in Misc. Application No. 701/1940 and Suit No. 416/1976 to contend that the only inference that can be drawn on the basis of the said proceedings is that the defendants were never in possession of the suit land; whereas the plaintiffs were in uninterrupted possession of the suit land. As aforesaid, this is a new case made out for the first time before this Court. No such case was pleaded in the application exhibit 5. The reason for not producing these documents before the Lower Court in the 2 first place is not forthcoming. It is not possible to entertain a new case of the petitioner for the first time in writ jurisdiction. Petitioner, if so advised, may approach the Appellate Court by way of review and place all the relevant material on record alongwith affidavit which may be considered by the Appellate Court on its own merits in accordance with law. Petition disposed of on the above terms. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]