1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1471/2011 (MUNICIPAL COUNCIL, DEULGAON RAJA VERSUS MOHD. IBRAHIM ABDUL WAHAB & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Palshikar, counsel for the petitioner. Shri A. Parchure, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 18, 2011 . While granting temporary injunction restraining the petitioner from obstructing the possession of the respondents over the suit property till the disposal of the suit, both the Courts prima-facie found that the suit premises were given on monthly rent basis to the respondents nearly thirty years earlier and, hence, the petitioner could not have evicted the respondents without following the due process of law. According to both the Courts, the resolution of the municipal council prima-facie appeared to have been passed due to political influence and, hence, the balance of convenience was in favour of the respondents-plaintiffs. The prima-facie findings recorded by both the Courts appear to be just and proper and are based on a proper appreciation of the material on record. They call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. 2 However, since the suit property belongs to the Municipal Council, the trial Court is directed to decide the suit as expeditiously as possible. JUDGE APTE