1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 3346/2009 ( Kisanrao Devmanji Bhamudre -versus- Balu Devmanji Bhamudre ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P. DHARMADHIKARI, J DATED : NOVEMBER 09, 2009 Heard Shri P.A. Deshmukh, learned counsel for petitioners/defendants and Shri Khojre, learned Counsel for respondent/plaintiff. The Trial Court has granted temporary injunction to respondent / plaintiff which has been maintained by the District Judge-I, Achalpur in Misc. Civil Appeal No. 14/2009. Shri Deshmukh, learned counsel for petitioner in this background contends that the exclusive possession is being claimed only on the basis of a Will, and that Will is alleged to be executed by a person of 90 years old, who admittedly expired within 8 days after its execution. He further states that the respondent / plaintiff has not shown courage to rely exclusively on that Will and invites attention to prayers made in the plaint to urge that in absence of any declaration, in relation to said Will and exclusive title on that account, the injunction as claimed could not have been granted. 2 As against this, Shri Khojre, learned Counsel has supported the orders as passed. He states that prayer [i] of the plaint needs to be read properly and according to him, that prayer also contains a prayer for declaration of exclusive title of respondent/plaintiff. After hearing the respective counsel, I have found that since the year 2007 the possession of respondent / plaintiff is protected. The contention being raised by Shri Deshmukh, can be evaluated by the trial Court during the course of trial and those contentions are not very relevant at this stage. Hence keeping those contentions open, Writ Petition is disposed of. However, as suit is of the year 2008 and considering the fact that the petitioners before this Court claim that there was also a partition deed of the said property and they also claim present possession, proceedings in the said suit are expedited. The Court of Civil Judge, Junior Division, Achalpur is directed to decide the suit as early as possible and in any case by 31.07.2010. With these directions, Writ Petition is disposed of. No costs. JUDGE Rgd.