1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.3093/2010 ( Bhagwan Tejrao Shingne -: versus :- Bhimrao Raghoji Ghule ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.S. Kilor, Adv. for petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 13, 2010. Heard Adv. Shri Kilor for petitioner/original defendant. Trial Court and also Appellate Court have found grant of temporary injunction in favour of respondent/plaintiff necessary. Adv. Shri Kilor contends that sale deed expressly contains a recital of delivery of possession to the petitioner and only because there was an F.I.R. alleging it to be money-lending transaction, both the Courts have mis-directed the enquiry. I have perused the relevant paras of the order with his assistance. It is apparent that the recital in sale deed, relevant 7/12 extracts and affidavit of independent persons are looked into by both the Courts. In this background, a receipt filed by plaintiff showing repayment of alleged loan amount to petitioner is considered and in the light of that receipt, F.I.R. is also looked into. Both the Courts thereafter have found 2 that the possession of respondent no.2 needed to be protected. I find no perversity or jurisdictional error in the order of Courts below. Writ petition is therefore dismissed. The Trial Court shall decide the Regular Civil Suit No.124/2007 as early as possible and in any case within a period of one year from the date of communication of this order. JUDGE Tambaskar