1 wp3857-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.3857 OF 2011 Vitthal Ganpat Barke and another .. Petitioners Versus Sachin Narsingh Khopade ... Respondent Mr. I. S. Yadav for the petitioners Mr. Prashant Patil for respondent no.1 CORAM : R. Y. GANOO, J. DATED : 17rd October, 2011 P.C. 1. An application for interim injunction filed by the respondent in Regular Civil Suit No. 73 of 2010 in the Court of Civil Judge Junior Division, Bhor was granted by the learned Judge by order dated 19th October, 2010. That order was challenged in Misc. Civil Appeal No. 318 of 2010 . That appeal has been rejected by the learned District Judge, -11, Pune by order dated 1st February, 2011. That order is under challenge. 2. I have heard learned advocate Mr. Yadav for the petitioners. According to the petitioners they have enjoyed the possession of the land covered by the said suit. There is concurrent findings given both the Courts and this is how the order of injunction is running against the petitioner. If it was the stand of the 2 wp3857-11 petitioners that they are in possession of the suit land, it was necessary for the petitioner to show so before this Court also by pointing out necessary documents and findings arrived at by the Court below. The learned advocate for the petitioner could not produce before this Court any material about the observation made by the Court that the petitioners are in possession of the land in question. No doubt, an effort was made to refer some Suit being RCS No. 24 of 1975. In my view, attempt made by the petitioners in this behalf cannot be entertained as it was necessary for the petitioners to show on record of this Court that they were in possession of the lands in question. 3. For the aforesaid reasons, I am not inclined to interfere with the impugned order. Hence the following order is passed to dispose of the petition. i. Writ petition is dismissed at the stage of admission. ii. There shall be no order as to costs. (R. Y. GANOO, J.)