1 AO 260 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.260 OF 2011 Vishnu Halya Bhandari and anr .. Appellants -versus M/s K. Talsania Constructions & ors .. Respondents. Mr. S.A. Sawant, for the for the appellants. Mr.M. P. Vora, i/b M/s Pramodkumar & Co., for respondentNos 1 to 4. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel for the appellants. Appellants are the plaintiffs. By the impugned order, learned trial Judge has declined to grant relief of temporary injunction. 2. Learned counsel appearing for the appellants submits that the appellants are in possession of at least some portion of the suit property and therefore, at least a limited interim relief ought to have granted. 3. Learned Judge of the trial Court has recorded finding on the basis of avernments made in the notice issued by the Advocate for the Plaintiffs that not only that the appellants are not in possession but A substantial part of the property has been encroached upon. It is held that at least in respect of a part of suit property a Slum Rehabilitation Scheme has been sanctioned. However, there is no prayer for 2 AO 260 OF 2011 possession in the suit. There is prima facie finding based on documentary evidence that the appellants were not in possession of the suit property on the date of institution of the suit. Thus, in absence of prayer for possession, learned trial Judge was justified in declining to grant relief of discretionary nature. 4. There is no merit in the appeal and the same is dismissed with no order as to costs. However, it is made clear that findings recorded in the impugned order are prima facie in nature and the suit will be decided on its own merits without being influenced by the said findings and confirmation thereof by this Court. 5. Hearing of the suit is expedited. 6. Civil Application No.384 of 2011 does not survive and the same disposed of accordingly. (A.S. OKA, J.)