1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8531 OF 2010 Chanbas s/o Vishwanath Kale since deceased through LRs & others .. PETITIONERS VERSUS Govind s/o Limbraj Shinde & others .. RESPONDENTS Mr. A.V. Patil, advocate holding for Mr. V.D. Gunale, advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 21 st SEPTEMBER, 2010. PER COURT : 1 Objection raised by the petitioners infact needs to be taken into account while answering issue no. 1 by the trial court. It cannot be controverted that the burden is on the shoulders of the plaintiff to establish his title and possession in relation to the suit property. Whatever objections raised by the defendant controverting the contentions of the plaintiff in respect of his title and possession are required to be taken into account by the trial court and while considering issue no. 1 the trial court would take 2 those objections into account. There is no need to cause interference at this stage in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/8531.10.odt