(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 455 OF 2011 Dharm Kaur w/o. Deepsingh Shahu, Age : 57 years, Occupation : Household, R/o. Gurudwara Gate No.3, Badpura, Nanded, Taluka & District : Nanded, and another. .. Petitioners. versus Rajendrasingh s/o. Sundersingh Shahu, Age : 35 years, Occupation : Service, R/o. Gurudwara Gate No.3, Badpura, Nanded, Taluka & District : Nanded, and another. .. Respondents. ....................... Mr. Ganesh A. Gadhe, Advocate, for the petitioners. ........................ (2) CORAM : B.P. DHARMADHIKARI, J. DATE : 24TH JANUARY 2011 COURT'S ORDER : 1. One of the contentions is, inspite of order of temporary injunction in the petitioners' favour, the respondents have been time and again forcibly disturbing their possession and are not permitting them to carry out repair work of bore well. He states that the regular proceedings requiring judicial enquiry (RJE) are already instituted for the said purpose and in those proceedings, relevant details are given. 2. After hearing learned Counsel appearing for the petitioners, I find that the impugned order is passed upon an application for grant of Police aid. That application has been moved in the application requiring judicial enquiry (RJE). The application lacks details of date, time, etc. of alleged efforts made by the respondents to disturb the possession or to prohibit forcibly the repairs of bore well. In view of this position, I am not inclined to interfere in the matter as the impugned order cannot be said to be erroneous or perverse. 3. Mr. G.A. Gadhe, learned Counsel appearing for the (3) petitioners, has however, stated that the above mentioned RJE proceedings is pending since last about two years and suit itself is pending since last more than three years. 4. As RJE proceedings is under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, the trial court shall attempt to decide the same at the earliest. 5. With liberty to the petitioner to take further appropriate steps, as would be open in law, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp455