-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.4309 of 2007 Mohan Shamrao Waingade ..Petitioner vs. 1. Mahadeo Appaso Waingade and others ..Respondents Shri H.S.Venegavkar for petitioner. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 8th January, 2008 8th January, 2008 8th January, 2008 P.C. P.C. P.C. 1. Heard Shri Venegavkar appearing for the petitioner. I am unable to accede to his submission that the Appellate Court’s order at the interlocutory stage granting injunction to protect possession of the respondents/plaintiffs suffers from any error apparent or perversity so as to call for interference under Article 227 of the Constitution of India. The order is based upon the material produced in the form of decree of the civil suit and the revenue entry. In such circumstances, and when it is yet to be decided as to whether the sale in favour of the present petitioner is legal, valid or binding on all family members, protecting physical possession of the respondents/plaintiffs is -2- neither erroneous nor improper. Writ petition is dismissed. 2. However the Trial Court to decide the matter uninfluenced by any observations in the order of the lower Appellate Court so also of this Court but in consonance with the oral and documentary evidence. Trial Court to endeavour and dispose of the suit expeditiously. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)