1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5404 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mrs.Madhaveshwari D.Thube-Mhase, advocate for the petitioners. Mr.Tungar, advocate holding for Mr.C.R.Deshpande, advocate for the Respondent Nos.1 to 3. CORAM : S.V.GANGAPURWALA,J. Date : 04.07.2011. 1. Heard Mrs.Madhaveshwari D.Thube- Mhase, learned counsel for the petitioners and Mr.Tungar, learned counsel holding for Mr.C.R.Deshpande, advocate for the Respondent Nos.1 to 3. 2. Mrs.Thube-Mhase, learned counsel vehemently argued that the Courts have given a perverse finding. In all previous litigations the present Respondents have lost and the orders were in favour of the present petitioner, still, the 2 same has not been considered by the Courts below. The learned counsel contends that it is highly improbable that when the orders are in favour of the petitioner, the petitioner would enter into the compromise with the present Respondents and handover possession of 25 ares land to the Respondents. At this prima facie stage, the orders passed in earlier litigation should have been taken into consideration. The learned counsel further contends that a suit filed by the present Respondents regarding the same subject matter, is for final hearing. 3. Mr.Tungar, learned counsel supports the order passed by the authorities. 4. Since 2009, there is no order of injunction in favour of the present petitioner. Both the Courts have rejected the application Exh.5. This Court in its limited jurisdiction under Article 227 of the Constitution of India, would not embark upon the investigation of facts. Moreover, those observations are prima facie in nature. 5. In view of the above, it would be in the fitness of things to direct the trial Court to dispose 3 of the suit expeditiously on its own merits, dehors the observations made at the time of deciding the application Exh.5. 6. In view of the above, the Writ Petition is dismissed. The trial Court is directed to dispose of the suit on its own merits without being influenced by the observations made at the time of deciding Exh.5 within a period of six (6) months from today. No costs. (S.V.GANGAPURWALA,J.) Dt.04.07.2011. asp/office/wp5404.10 4