1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9065 OF 2010 Ambarbhai Fattubhai Inamdar (since deceased, through his L.Rs.) 1A) Abbas Ambharbhai Mulani & ors. ... PETITIONERS VERSUS Sampat Ganpat Khedkar & ors. ... RESPONDENTS ..... Shri V.D. Hon, Advocate for the petitioner Shri K.J. Ghute Patil, A.G.P. for respondent Nos.5 to 8 ..... CORAM : R.M. BORDE, J. DATE : 4th October, 2010 PER COURT : 1. An interlocutory order passed by the District Judge-I, Ahmednagar below Exh.15 in Regular Civil Appeal No.308/2009, rejecting the application for grant of stay to the decree passed by the trial Court is subjected to challenge in this writ petition. The decree passed by the trial Court is in respect of perpetual injunction, restraining the petitioners in the writ petition (original defendants) from obstructing the possession of the plaintiffs over the suit property. The first appellate Court, while rejecting the application, has observed that the plaintiffs claim their possession on the basis of the registered lease deed, which was for 30 years duration, executed by the predecessor of the defendants. There is no evidence that the possession of the land was handed over to the defendants after the expiry of the lease 2 period. Considering the findings recorded by the trial Court which are based on appreciation of evidence placed on record, I am of the opinion that the petitioners cannot be said to have established their case as regards possession over disputed property. Considering the interlocutory nature of the order under challenge, no interference is called for under extraordinary jurisdiction under Article 227 of the Constitution of India. The writ petition is devoid of any merits. Hence, same is dismissed. R.M. BORDE JUDGE fmp/wp9065.10