:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 2984 OF PETITION NO. 2984 OF PETITION NO. 2984 OF 2009 2009 2009 Mr. Alamgeer Fakir Mohammed Shaikh & Ors. ... Petitioners. V/s. Mr. Amin Suleman Shaikh. ... Respondent. Ms. Anita G. Bhaktwani for the Petitioners. Mr. P.M. Pradhan i/b. Shivajirao Patil for the Respondent. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . Heard learned Counsel appearing for the Petitioners and the Respondent. 2. Perused the concurrent interim orders of the Court below. The complaint of the Petitioners that the injunction is granted without ascertaining even prima-facie as to whether the Respondent - Plaintiff is in possession of the suit property or not cannot be accepted because the Courts below have adverted to not only to the Change Report proceedings but the orders passed in the application before the Joint Charity Commissioner and photographs which were placed before the Trial Court. The matters are before the District Court in proceedings arising out of the change report. In these peculiar facts, I do not see any reason to interfere with the :2: tentative and prima-facie findings of the Courts below in protecting the Respondent - Plaintiff’s possession by restraining the Petitioners from obstructing it except by due process of law. The order under challenge does not suffer from any perversity nor is vitiated by error apparent and therefore, there is no reason to interfere. The Petition is dismissed. Ad-interim order to stand vacated. No costs. All findings and conclusion shall be recorded as tentative and prima-facie and will not influence the Court while trying the Suit. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)