1 lpa58.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.58 OF 2011 (WITH CIVIL APPLICATION NO. 2531 OF 2011) IN WRIT PETITION NO.42 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and the Registrar's orders. Court's or Judge's orders Coram: Smt. Nishita Mhatre, & Shri M. T. Joshi, JJ. Date : 14th July, 2011 Mr.Amit Mukhedkar Advocate for the appellant. Smt. A.N. Ansari, Advocate, for the respondents. --- 1. The appeal has been filed by the defendant before the trial court, who contends that the appellate court has committed an error by granting an injunction to the plaintiffs over the entire land. According to the appellant, he is the adopted son of one Raibhan Shinde and the respondents i.e. the plaintiffs in the suit, are the wife and daughter respectively of Rabhain. 2 lpa58.11 2. The appellant claims that by a Will, Raibhan had bequeathed the entire property to him and that the respondents have no share in the property. He, therefore, contends that the appellate court ought not to have granted an injunction against him with respect to the entire property since there is documentary evidence, indicating that he was bequeathed 94 Are land by Raibhan. 3. We have considered the appellate court's order, as well as the orders passed by the trial court and the learned Single Judge of this court. In our opinion, both, the appellate court and the learned Single Judge, have not committed any error by injuncting the appellant from obstructing the respondents' possession over land bearing survey No.12/B/2 of village Hassapur, Taluka and District Nanded. The appellate court in para 17 of its order dated 4.10.2010 has dealt with the circumstances mentioned before us, regarding the registered Will on the basis of which the appellant herein has claimed to be in possession of the entire property. 3 lpa58.11 4. Considering the submissions and the order impugned in the present appeal, we see no reason to interfere in the impugned order. The appeal is dismissed. Civil Application disposed of. (M.T. JOSHI) (SMT. NISHITA MHATRE, J.) pnd/lpa58.11