1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVI L REVISION APPLICATION NO. 318 OF 2009 Mr. Sachin Vasant Bhaygude & Anr. .....Petitioners. Versus Mr. Sagar Vasant Bhaygude .....Respondent. Mr. P. S. Dani for the Petitioners. CORAM : R. V. MORE, J. DATED : 13th JULY, 2009. P.C.: Heard Mr. Dani, learned Counsel for the Petitioner. 2. The Petitioners are the original defendants and the Respondent is the original plaintiff. The Petitioner No.1 is the real brother of the Respondent and Petitioner No.2 is the father of Petitioner No.1 and the Respondent. 3. The Respondent filed Regular Civil Suit No.1701 of 2008 against the Petitioners for injunction simplicitor from dispossessing him from the suit flat or interfering with his possession and occupation thereof, in any manner otherwise than by due process of law. In this suit, the Respondent alleged that the suit flat is purchased benami in the name of Petitioner No.1. 2. The Petitioner took application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint on the ground that the suit is not maintainable, in view of section 4(1) of the Benami Transaction (Prohibition) Act, 1988. This Application was rejected and therefore, the present Civil Revision Application. 2 3. The perusal of the plaint filed by the Respondent reveals that the said Respondent has alleged that the suit flat was purchased benami in the name of the Petitioner No.1. However, in paragraph No.7 of the suit it is specifically averred that the Respondent is in peaceful and settled possession of the suit flat to the exclusion of the defendants, right since 6th May, 2005. It is further stated that the Respondent has paid considerable amount for purchases, renovation as well as paid taxes of PMC, MSEB charges and various other consequent expenses. It was further averred that the Petitioners have no right to dispossess the Respondent from the suit flat without due process of law. The Respondent has not claimed any declaration that the suit flat was purchased benami in the name of Petitioner No.1. The suit is filed simplicitor for injunction on the basis of peaceful and settled possession. In the facts and circumstances, I do not find any error in the impugned order, so as to enable me to interfere in exercise of my jurisdiction under section 115 of the Code of Civil Procedure, 1908. The Civil Revision Application is accordingly, dismissed. sd/- (R. V. MORE, J.)