1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5107 OF 2009 (Suresh Shankar Gulghane vs. Dnyaneshwar Shankar Gulghane & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 10, 2009. Heard finally Shri Sirpurkar, learned counsel for the petitioner and Shri Choudhari, learned counsel for the respondents. Shri Sirpurkar, learned counsel for the petitioner – plaintiff points out that both the Courts have found that the plaintiff is in physical cultivating possession. The trial Court had restrained the respondents from causing any disturbance or obstruction in his possession. However, lower appellate Court has only because of contention of joint ownership, found that 50% of Soyabean produce may belong to the respondents. Therefore, it ordered sale of Soyabean produce through court and deposit of 50% amount of such produce in Court which can be made over to successful party at the end of the trial. According to Shri Sirpurkar, learned counsel, as the petitioner has sown the crops, he is entitled to sell it and at the most proper security could have been asked for to safeguard the interest of respondents. 2 Shri Choudhari, learned counsel argues that sale through Court only can bring on record the correct figures and if it is allowed to be sold privately, the entitlement of respondents can never be worked out correctly. It is apparent that when the petitioner – plaintiff is found in cultivating possession and he has sown the crops and there is no suit for possession or any other purpose by the respondents, grant of such relief by lower appellate Court is unwarranted. The lower appellate Court at the most could have directed the plaintiff to secure interest of defendants by furnishing appropriate accounts and also solvent security to the satisfaction of the trial Court. In this view of the matter, the impugned judgment dated 15.10.2009 is modified. The order of trial Court is maintained as it is and the petitioner – plaintiff is directed to place accounts annually on record during the pendency of suit as also furnish solvent security to the satisfaction of the trial Court in the sum of Rs. One lakh initially. It will be open to the respondents to challenge the accounts as filed. The proceedings in Regular Civil Suit are expedited and the Court is directed to decide the same as early as possible. Writ Petition is accordingly partly allowed. No order as to costs. JUDGE *GS.