1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.6853 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.G.N.Salunke for the petitioner. Mr.V.S.Kapse for the respondent. CORAM : ANOOP V. MOHTA, J. DATED : 16.12.2008 P.C. The petitioners/defendants have challenged the concurrent findings of facts arrived at by both the courts whereby they have been restrained from disturbing the joint possession of the property in question. Admittedly, the suit is filed by the plaintiff who is son of Shripati. Admittedly, the property is owned by Shripati. the case of defendant is that based upon a registered Will issued by Shripati, they are the exclusive owner of the property and they are in occupation 2 and enjoying the same since long. The suit is for declaration and injunction that being co-owner of the property, they should not be forcibly dispossessed. Both the courts, therefore, considering the pleadings as well as affidavit and material placed on record, held that the plaintiff has made out a prima facie case, balance of convenience lies in his favour and irreparable loss would be caused if temporary injunction is not granted and thereby granted the temporary injunction. The submission that in the guise of this interim order, the plaintiff is disturbing their possession, just cannot be taken note of. The order is clear and confirmed by the Appellate Court also. Whatever remedy is available to the petitioner, he is at liberty to take steps accordingly. However,in the present facts and circumstances, I see there is no reason to interfere with the same. 3 The view so taken by the courts below just cannot be said to be perverse. Therefore, there is no case to interfere with the same. The petition is dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]