1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7566 OF 2009 Shri Rajendra Magutrao Bhoite. ....Petitioner vs 1. Shri Rajaram Malhari Masugade & ors. ....Respondents Mr. P.S. Dani for the Petitioner. Mr. Milind Deshmukh for the Respondents. CORAM : S.J. VAZIFDAR, J. DATE : 9TH FEBRUARY, 2010. P.C. :- 1. Rule. By consent, Rule made returnable forthwith and heard finally. 2. The impugned order requires only a slight modification to protect the Petitioner’s rights in the event of the Suit being decreed. 3. The Petitioner filed the Suit, inter alia, to protect his 2 possession. The claim is based on a sale deed executed in the year 1986 by the Respondents’ predecessors. The revenue records also contain mutations in the Petitioner’s name. Prima facie, therefore, the Petitioner/Plaintiff’s rights require protection pending the hearing and final disposal of the Suit. 4. The Respondents’ case, however, is that the sale deed was only a collateral security to secure payment of a loan advanced by the Petitioner’s predecessors to the Respondents’ predecessors. It is not possible to fault the impugned orders which hold that this aspect requires evidence. 5. The Commissioner’s report has found that the Respondents are, in fact, in possession of large parts of the suit property. Part of it is shown to be under cultivation. A hut is shown on another part of the property. There is a pipe-line running through the property. There are also cow-sheds. The Petitioner contends that the possession of these portions were taken forcibly. 6. In these circumstances, it is not desirable to freeze the property altogether. It is necessary only to protect the property and make it available in the event of the Suit being decreed. I see no reason, 3 therefore, to injunct the Respondents from cultivating the entire suit land subject to the conditions in the order. In the circumstances, the Writ Petition is disposed of by the following order :- Pending the hearing and final disposal of the Suit, the Respondents shall not sell, alienate, encumber, part with possession of or create any third party right, title and/or interest in respect of the Suit property. The Respondents shall also not put up any further construction on the Suit property, without the leave of the trial Court. Even if such construction is put up with the leave of the trial Court, the Respondents shall not claim any equity on the basis thereof at the final hearing of the Suit. Writ Petition is, accordingly, disposed of.