1 WP No.4516/11 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4516 of 2011 Jaiwant Kedari Nikam ... Petitioner versus Balasaheb Shankar Salokhe and ors. ... Respondents ... Mr.Chetan G. Patil for the petitioner. CORAM : D.G. KARNIK, J DATED : 21st June 2011 P.C. 1. This petition at the instance of original defendant no.3 is directed against an interlocutory order passed by the trial court rejecting the application for amending of the issues. Apart from the fact that the petition is directed against an interlocutory order, I am not inclined to interfere in exercise of an extra ordinary jurisdiction under Article 227 of the Constitution of India for the following additional reasons. The plaintiffs’ suit is merely for injunction. Though the plaintiff have averred in the plaint that they are the owners which is not admitted by the defendants, the plaintiff would be entitled to an injunction against dispossession except by due process of law irrespective of ownership if he proves the possession. The trial court has accordingly framed an appropriate issue i.e 2 WP No.4516/11 whether the plaintiffs prove their peaceful possession over the suit property. 2. In the facts and circumstances of the case, the court was not required to frame an issue regarding the title as only the relief of injunction was claimed without seeking any declaration as to title. The same is the case in respect of non joinder of the parties. Plaintiffs would be entitled to an injunction against unlawful dispossession only against the defendants who are parties to the suit. Writ Petition is accordingly rejected summarily. (D.G.KARNIK, J)