1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5141 OF 2008 Ananda Ganpat Patne & Anr. ..Petitioners. V/s. Hemant V. Veer and Ors. ..Respondents. Mr.Surel Shah a/w Ajit J. Kenjale for petitioners. Mr.Venkatesh A.Shastry for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 17, 2008. DATE : JULY 17, 2008. DATE : JULY 17, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. I find no reason to depart from the opinion recorded by the Court below that the Petitioners are admittedly claiming through defendant having allegedly purchased the structure situated on the disputed land through the defendant during the pendency of the suit. That will not create any different right in favour of the Petitioners. The Petitioners shall nevertheless be claiming through the original tenant/defendant in respect of the disputed land. Thus understood, no fault can be found with the view expressed by the court below that as the Petitioners(tenant of the principal 2 tenant/original defendant) are persons claiming through the Defendant(Principal tenant) and have allegedly acquired right in the structure standing on the disputed land from the Defendant during the pendency of the suit, cannot be heard to claim higher or different right than the principal tenant(defendant). 3. Hence no interference in exercise of writ jurisdiction is warranted. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)