1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4073 OF 2008 Dilip Khandu Badhe through C.A. Smt.Hirabai Dilip Badhe. ...Petitioner. Vs. Sou.Suman Dashrat Khalase & Anr. ...Respondents. .... Mrs.Lalita Panchakshari for the Petitioner. Ms.Sunita Daundkar for Respondent No.1. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 23, 2008. P.C. It is not in dispute, in the submissions of Learned Counsel before this Court, that in the prior suit instituted by the Petitioner, namely, RCS 55 of 2006 before the Civil Judge, Junior Division, the subject matter was House No.77, New House No.103. The subject matter of the subsequent suit instituted by the First Respondent (RCS 166 of 2006) is Survey Nos.106 and 607. The Learned District Judge has observed in paragraph 13 of the impugned judgment that prima facie the First Respondent is in possession of the property. The attention of the Court has also been drawn to the prima facie finding 2 arrived at by the Learned Trial Judge in paragraph 6 of the judgment dated 20th August 2007. No case has been made out for interference with the purely interlocutory order in these proceedings under Article 227 of the Constitution of India. The petition is accordingly dismissed. ......