Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.2352 of 2008 Shri Sambhaji Mhasku Kamthe & anr. ..Petitioner V/s. Sou. Ushatai Tukaram Mane ..Respondent Mr.P.B.Shah for the Petitioners CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 15th April, 2008 : 15th April, 2008 : 15th April, 2008 P.C. . Heard Mr. Shah, the Learned Counsel for the Petitioners-Plaintiffs who have filed Regular Civil Suit No. 1874/2007. The said suit has been filed for permanent injunction and an application at Exh. 5 for the temporary injunction filed by the plaintiffs came to be rejected by the Learned 9th Joint Civil Judge Junior Division at Pune on 25-1-2008. The said order was carried in Misc. Civil Appeal No. 49/2008 which has been dismissed by the Learned District Judge-4, Pune as per the Judgement and order dated 6-3-2008. Hence, this petition under Article 227 of the Constitution. 2. Admittedly, the plaintiffs claimed that the suit land admeasured 14R from Gat no.992 of village Perne in Haveli Taluka, Pune District whereas as per the sale deed registered on 4-8-1996 the defendant had sold only 2 10R to the plaintiffs from Gat No. 992 and not 14R. The defendant is in possession of remaining 16R land out of the total of 26R land. The sale deed as well as the decree passed in Regular Civil Suit No. 91/1999 which was filed by the present respondent, the area of the land shown to the plaintiffs is 10R. No fault, therefore, could be found with the Courts below in rejecting the prayer for temporary injunction in respect of suit land ad-measuring 14R as against the land purchased by the plaintiffs is only 10 Ares from Gat No. 992. No interference is, therefore, called in the concurrent view taken by both the Courts below. Petition is rejected. Trial of the suit is expedited and undoubtedly the suit will be decided on its own merits. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]