GPN-J.332-ARCHB-8.94-1310500-ALA4 Spl-H.C.A.S.C.D.79e FARAD CONTINUATION SHEET No. IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO.10883 OF 2004 PETITION NO.10883 OF 2004 PETITION NO.10883 OF 2004 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mr.J.Reis with Mr. Yadunath Chaudhari, for the Petitioner Mr. Nihar Ghag with Ms. Monika Parikh for Respondent Nos. 1 and 2. Mr. R.G. Bhatt, for Respondent NO.3. CORAM CORAM CORAM : F.I. REBELLO,J. : F.I. REBELLO,J. : F.I. REBELLO,J. DATED DATED DATED : JANUARY 24, 2005 : JANUARY 24, 2005 : JANUARY 24, 2005 P.C. . Petitioner has raised an objection to the maintainability of the suit on the ground that it is the petitioner who is in possession and, therefore, the suit simplicitor for injunction would not be maintainable. Once the suit is for injunction and relief of possession has to be sought for then in that event the City Civil Court will have no pecuniary jurisdiction to hear and decide the suit. 2. In the instant case the plaintiffs have come to the Court on the basis that they are in exclusive and lawful possession. It is for the Plaintiffs-Respondents Nos. 1 and 2 to establish their possession. If the Court comes to the conclusion that the respondents are not in lawful possession the relief as prayed for cannot be granted. Then it will be essential to apply for recovery of possession. To my mind considering framing of Issue No.1 the onus is on the plaintiffs, Respondent Nos. 1 and 2 to establish their possession. The mere fact that non-framing of an additional issue as sought to be raised on behalf of the petitioner cannot be said to be an error of law which will warrant this Court interfering in the exercise of its extra ordinary jurisdiction. Considering the above no interference called for. Petition rejected. No order as to costs. . Personal Secretary of this Court to issue authenticated copy of this order to the parties. (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.)