( 1 ) wp5543.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5543 OF 2010 Ranjit s/o. Sukhdeo Maske & Ors. .. Petitioners Versus Chatrabhuj s/o. Sukhedeo Maske & Ors. .. Respondents Mr. M.M. Patil (Beedkar), Advocate for the petitioners. Mr. H.V. Tungar, Advocate for the respondents. CORAM : V.R. KINGAONKAR,J. DATED : 14.01.2011 P.C. :- 1. Heard. 2. The petitioners are the original defendant Nos. 2 to 4 against whom interim injunction is clamped in the suit (R.C.S. No.83 of 2009) by the Trial Court and the same is confirmed by the First Appellate Court. Having heard the learned Counsels for the parties and on perusal of the ( 2 ) wp5543.10 impugned order, it is explicit that the petitioners mainly relied on the fact that the mutation entries were continued in the name of father i.e. Sukhdeo Maske, though plaintiffs alleged that the partition deed was brought into existence in the lifetime of the father. The plaintiffs claimed segregation of the property on the basis of partition deed. Both the Courts held that there is prima facie evidence of separation. The grant of injunction against the petitioners does not mean that the petitioners’ case is altogether rejected by the Trial Court or the First Appellate Court. It is only interlocutory finding on the application. 3. There appears no perversity in the impugned judgment. The writ jurisdiction under Article 227 of the Constitution of India, cannot be invoked when the Courts below have rendered prima facie findings on the basis of the material placed on record. Hence, the petition is dismissed. However, the trial of the suit is expedited with direction of that the suit shall be decided within a period of six months as far as possible and all the issues are kept open. The impugned order shall not influence the fact finding to be ( 3 ) wp5543.10 undertaken by the Trial Court on the basis of further material that may be adduced by the parties. 4. The petition stands disposed of. [V.R. KINGAONKAR,J.] snk/2011/JAN11/wp5543.10