1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7961 OF 2003 Shri Ramhari Vithoba Ogle Age Adult, Occ. : Nil, R/o. Kalas, Taluka- Indapur, District – Pune ....Petitioner Versus Shri Ajay Prakash Rajebhosale Age Adult, Occ. : Agriculture & Business, R/o. Kalas, Taluka – Indapur, Dist.-Pune ....Respondent Mr. A. S. Kapse for the Petitioner. Ms. Manjiri S. Parasnis for the Respondent. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 6th OCTOBER, 2009. ORAL JUDGMENT (Per P. B. Majmudar, J) : By way of this Petition which is filed under Article 227 of the Constitution of India, the Petitioner has challenged the order passed by the learned Civil Judge, Senior Division, Baramati dated 30th September, 2003 by which the suit filed by the Respondent/Plaintiff under Section 6 of the Specific Relief Act, has been decreed by the learned Trial Judge. The Respondent herein instituted proceedings under Section 6 of the Specific Relief Act. The said proceedings were numbered as Special Civil Suit No.11 of 2003. It is the case of the Respondent that the suit properties which are described in paragraph no.1 of plaint are in his possession and he is cultivating the same. 2 The property which includes the land as well as the house was in possession of the plaintiff. It is also the case of the Plaintiff that one Shri Surendra Rajaram Songaonkar and others, executed an agreement to sale in respect of the suit property which also includes the house property on 26th March, 1999 in favour of the Plaintiff. Subsequently, the Plaintiff also filed a suit for specific performance of the said agreement. It is the case of the Plaintiff that the Defendant i.e. the present Petitioner is the Father-in-law of the said Surendra Rajaram Songaonkar and he is residing at Village-Kalas. The said suit for specific performance was decreed on 31st June 2002 and the defendants in the said suit were directed to execute the sale deed in favour of the plaintiff in respect of the suit land. According to the Plaintiff, the Original Defendant i.e. the present Petitioner is not concerned with the suit property in any manner and on 24th October, 2002 he obstructed the plaintiff’s possession and therefore, a complaint was also lodged. According to the Plaintiff, the Defendant has tried to obstruct his possession and therefore, the suit under Section 6 of the Specific Relief Act was filed against the Defendant i.e. the present petitioner herein. The learned Trial Judge after hearing both the sides came to the conclusion that the defendant has forcibly tried to obtain the possession of the suit property. The Defendant was accordingly, directed to hand over the vacant possession of the suit property to the Plaintiff within a period of one month. 2. Against the aforesaid order, the original Defendant i.e. present Petitioner herein has filed this Writ Petition under Article 227 of the Constitution of India. Since the First Appeal was also filed against the decree for specific 3 performance, the learned Single Judge by his Order dated 1st March, 2004, while admitting this Writ Petition, directed that this Petition should be heard alongwith the First Appeal No.1202 of 2002. So far as the First Appeal No. 1202 of 2002 is concerned, the same was in connection with the decree for Specific Performance. The Appellant and the Respondent of the said First Appeal have settled their dispute and therefore, the First Appeal is disposed of in view of the settlement arrived at in the First Appeal. So far as the present Writ Petition is concerned, Mr.Kapse, learned Counsel for the Petitioner, submitted that since he has not received any instructions from his client as to whether this Petition may be withdrawn in view of the settlement in the First Appeal, he requests that this Court may pass appropriate orders in accordance with law as deemed fit. 3. We have gone through the order of the learned Trial Judge which is impugned in this Petition. It is required to be noted that though against the impugned order, revision under section 115 of the Code of Civil Procedure, 1908 is maintainable, yet the Petitioner has invoked the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. It cannot be disputed that the present Petitioner had no right, title and interest in the suit property. The learned Trial Judge, on appreciation of evidence, has found that the present Petitioner has tried to forcibly obtain the possession from the present Respondent. The powers exercised by the Trial Court under section 6 of the Specific Relief Act are as such summary in nature as order under section 6 of the said Act can be subject to title dispute between the parties, if any. The 4 powers of this Court are extremely limited under Article 227 of the Constitution of India. Though the Petitioner is required to file revision under section 115 of the Code of Civil Procedure, 1908 and since the matter is pending before this Court since long, we would not like to direct the Petitioner to file Revision under section 115 of the Code of Civil Procedure, 1908. However, in view of the reasoning of the learned Trial Judge, we are of the opinion that no interference of this Court is called for under Article 227 of the Constitution of India, especially when the original dispute between the Land Owner and the Purchaser has already been settled in the First Appeal. The dispute is settled between the Original Owner and the present Petitioner and in the said Consent Terms which has been filed in the First Appeal, the owner of the land has also admitted that the Respondent was in possession of the disputed land at the relevant time. Suffice it to say that there is no jurisdictional error which can be said to be committed by the Trial Judge nor there is any error apparent on the face of the record which is required to be corrected by this Court. 4. We accordingly, do not find any substance in the Petition and the same is accordingly dismissed. Rule discharged. Interim relief stands vacated. There shall be no order as to cost. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)