1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR A.O.No.25 of 2011 (Ku.Rekha D/o Ganpatrao Koram Vs. 1).Smt.Mohini W/o Rajesh Wanjari and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri S.M.Muley, counsel for petitioner. Ms.S.T.Godbole, counsel for respondents Coram : R.K.Deshpande, J. Dated : 5 th April, 2011 The learned 3rd Joint Civil Judge, Senior Division, Nagpur, has allowed the application Exh.5 filed by the respondents/plaintiffs, restraining the appellant/defendant from disturbing the peaceful possession of the respondents/plaintiffs over the suit property pending the decision of the suit. The Trial Court has recorded the finding that the appellant/defendant is not in physical possession of the suit flat 2 and the respondent/plaintiff no.3 along with her family and the respondent/plaintiff no.6 are in possession of the suit flat. The agreement dated 15.11.2008 contains a clause that the possession of the property shall be delivered at the time of execution of the Sale Deed. The learned counsel for the appellant could not point out any document or evidence before the Trial Court to substantiate that the appellant/defendant was at any point of time placed in possession of the suit property. In view of this, no fault can be found with the finding recorded by the Trial Court that the respondents/plaintiffs are not in possession of the suit property and thereby the order granting injunction restraining the appellant/defendant from disturbing the peaceful possession of the respondents/plaintiffs over the suit property pending the decision of the suit. The appeal is, therefore, dismissed. JUDGE 3 Bhushan