1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.637 OF 2009 Mr.Jagdish S. Desai. ..Petitioner. V/s. Mr.Dhirajlal B. Patel. ..Respondent. Mr.C.K.Tripathi for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 17, 2009. DATE : FEBRUARY 17, 2009. DATE : FEBRUARY 17, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. No interference is warranted in exercise of writ jurisdiction in the fact situation of the present case, except to clarify the position that the injunction operating against the Petitioner not to part with possession does not mean that the family members of the Petitioner staying alongwith him in the suit premises are injuncted. However, the injunction would operate against the Petitioner if he were to vacate the suit premises and allow some one else or some other family member to be in exclusive possession thereof. 3. In other words, the moment the Petitioner 2 stops residing in the suit premises and some one else is in exclusive possession thereof, the order of injunction would operate against the Petitioner. 4. Petition disposed of. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)