1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.474 of 2010 Tain Constructions ... Petitioner versus Vilas Shankar Shelar & ors. ... Respondents ... Mr. G.S.Hegde for the petitioner. CORAM : D.G. KARNIK, J. DATED : 23rd June 2010 P.C. 1. Heard learned counsel for the petitioner. 2. The Writ Petition is directed against an interlocutory order of interim injunction granted by the trial court and confirmed by the appellate court. In the absence of any perversity in the orders of the two courts below, the order calls for no interference in exercise of writ jurisdiction. 3. The suit property consists of two parts. One part is owned by the Shelar family who are the respondents and the other part was possessed by Shelar family as tenants. Mr.Hegde, learned counsel for the petitioner submits that the appellants do not claim any relief in respect 2 of the portion of the property owned by the Shelar family and the writ petition is restricted only to the property in possession of Shelar family as tenant. 4. According to the petitioner, some of the members of the Shelar family surrendered their tenancy rights in favour of the landlord who executed an agreement of sale/development in favour of Rajesh Jain and others. The petitioner acquired development rights from the Rajesh Jain and others and wants to develop the suit property. The trial court has granted an injunction restraining any development/ construction and lower appellate court has confirmed the same. On my repeated questions to Mr.Hegde to show any document or any other prima facie material to show that the Shelar family had surrendered their tenancy rights and given possession to the owners, Mr.Hegde was unable to point out any material on record to show that the tenancy was surrendered and the possession was handed over to the landlords. In the light of this, prima facie view of the two courts below that Shelar family was a tenant in possession and therefore construction could not be carried out by the petitioner cannot be faulted with. Writ Petition is rejected summarily. (D.G. KARNIK,J.)