*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8140/2009 Yogesh Arun Dudhane. ..Petitioner ­VERSUS­ Dinkar Narayan Patil. ..Respondent ............... Mr.Tanaji Mhatugade, Advocate for the Petitioner. Mr.Abhijit M. Adgule, Advocate for the Respondent. ............... CORAM: A.P.DESHPANDE, J. Dated 05th November, 2009. PC:­ 1 The Petitioner/Plaintiff instituted a suit for perpetual injunction seeking to restrain the Defendant from disturbing the Plaintiff’s alleged possession over the suit premises. According to the Plaintiff, he is carrying on business of hotel in the suit premises and the Defendant who is the landlord is trying to dispossess the Plaintiff. In the suit, the Petitioner filed an application for temporary injunction and the Trial Court rejected the same after prima facie observing that the father of Plaintiff along with the Plaintiff’s uncle had handed over the possession of the suit premises to the Defendant on 09th November, 2008. The Plaintiff’s uncle and cousin brothers have filed the affidavits on record of the Trial Court that the possession was handed over by the Plaintiff’s father and uncle to the landlord and the possession receipt was executed in favour of the Defendant/landlord. Relying on the affidavits and the possession *2* receipts, prima facie, it is found by the Trial Court that the Plaintiff has failed to make out prima facie case for temporary injunction. Aggrieved by the order passed by the Trial Court, the Petitioner filed an appeal before the District Court and the learned District Judge concurring with the view taken by the Trial Court dismissed the appeal. Hence, this Writ Petition. 2 Perused the impugned order, the same does not call for any interference in exercise of writ jurisdiction. The Petitioner has failed to prove that he is in possession of the suit premises. Hence, the Courts below are justified in rejecting the temporary injunction application. There being no merit in the matter, Writ Petition is dismissed summarily. (A.P. Deshpande, J)