1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6326 OF 2007 Prabhakar Shivram Dhamdhere .. Petitioner Versus Harishchandra Shivram Dhamdhere and Ors. .. Respondents Mr.V.B.Tapkir for petitioner Mr.S.S.Shekhar for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 11th January 2008 P.C. . Heard Mr.Tapkir for petitioners. Perused the orders passed by the Court below at the interlocutory stage. Courts below have concurred 2 that the petitioner - original plaintiff has failed to make out a prima facie case so also he is unable to show that the balance of convenience lies in his favour and irreparable loss, harm and injury will be caused to him. 2. On the other hand, the courts below concurred that the first respondent being the real brother is in possession of the land and the petitioner’s possession is really for and on his behalf. The petitioner plaintiff was unable to prima facie show any documents with regard to his exclusive possession. There is no reason to interfere with this finding of fact rendered at interlocutory stage. Petition dismissed. 3. However, the trial court shall decide the matter uninfluenced by the observations at the interlocutory stage made by it, the lower appellate court so also this Court. The suit should be decided consistent with the oral and 3 documentary evidence placed before the trial court. All contentions on merits of both sides are expressly kept open. Trial court to endeavour and dispose of the suit as expeditiously as possible and by 28th February 2009. (S.C.Dharmadhikari, J)