1 wp8589.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8589 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.T. Ghute, Advocate for the petitioners. Mr. J.R. Patil, Advocate for respondent. CORAM : B.P. DHARMADHIKARI, J. DATE : 28th APRIL, 2011 Suit for injunction filed by the respondent came to be decreed and that decree is questioned in Regular Civil Appeal no. 216/2009 by the present petitioners- defendants. They sought stay of the judgment and decree of trial Court and by impugned order dated 19.04.2010, same came to be rejected. 2. Advocate Mr. Ghute contends that the petitioners had received possession in execution and present respondent-plaintiff was never in possession. He contends that as the petitioners did not receive necessary assistance from their Advocate, they could not lead any evidence before the trial Court and in absence of their 2 wp8589.10 evidence, the finding in favour of the respondent has been recorded. 3. According to Advocate Mr. Patil, blame being put on Advocate is irrelevant. After evidence was adduced, trial Court has appreciated it and findings in favour of the respondent has been recorded. He is relying upon those findings. According to him, in this situation, no case is made out to interfere in the Petition. 4. Appellate Court has applied its mind to necessary material on record to note that the respondent-plaintiff has proved his possession. It has also noted the conduct of the present petitioners and then rejected the prayer for stay. There is no jurisdictional error or perversity. 5. Looking to the nature of controversy, hearing of the appeal is expedited. Petitioners-defendants shall file private paper book within a period of three months from today and appellate Court shall thereafter attempt to decide the appeal finally as early as possible and in any case by 31.01.2012. 6. With these directions, the present Writ Petition is disposed of. (B.P. DHARMADHIKARI) JUDGE gas/wp8589.10