1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3752 OF 2009 Ganu s/o Sandu Khillare and ors PETITIONERS. V E R S U S The State of Maharashtra and ors. RESPONDENTS. Shri L.B.Palod, Advocate for the petitioner. Shri P.M.Suryawanshi, AGP for State. CORAM : B.R. GAVAI, J : DATE : 23rd JUNE, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 29.11.2008 passed by the learned Joint Civil Judge Senior Division, Jalna. The petitioner who is plaintiff claiming that respondent -defendant no.3 had committed breach of order of injunction and as such filed an application under order 39 Rule 2 (A) of the Code of Civil Procedure. The learned trial court while rejecting the application has held that degree of proof is not mere preponderance of probability, but plaintiff has to prove beyond reasonable doubt that defendant had knowledge of the injunction order and was in a position to obey the same but he had deliberately disobeyed. It has further been found that plaintiffs miserably failed to prove that on the relevant date, time and place the defendant No. 3 entered in their suit land and had committed breach of order. 2 2. In that view of the matter, it cannot be said that the reasons given by the learned trial court is perverse so as to warrant interference in exercise of extra ordinary jurisdiction of this Court under Article 227 of Constitution of India. Hence, rejected. ( B. R. GAVAI ) JUDGE aaa/wp3752.09. ****