1 WP-7244-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi WRIT PETITION NO. 7244 OF 2010 Shri Kishor Laxmanrao Sanas ... Petitioner (Orig.Appellant/Plaintiff) Vs. Shri Ganpat Vithu Gaykar ... Respondent (Orig.Respondent/Defendant) Mr. Nitin P. Deshpande, Advocate, for the petitioner. CORAM: J.H.BHATIA,J. DATE : 21st September, 2010. P.C. 1. Heard the learned Counsel for the petitioner, who is the original plaintiff. 2. Admittedly, the defendant and one Babu are the joint owners of the suit property and partition has not taken place among them. The plaintiff purchased share of Babu. According to him, he had purchased eastern half share of the property and, therefore, he filed the suit for perpetual injunction against the defendant. He had filed an application for temporary injunction restraining the defendant from interfering in his possession over the eastern half of the property. The application was rejected by the trial Court. Appeal was also dismissed. It is 2 WP-7244-10.sxw settled position of law that if the partition of the joint family property has not taken place, the purchaser of a share of one of the joint owners cannot claim possession of any specific portion of that property. He can only file suit for general partition and get possession of his share. I find no illegality in the impugned order. 3. Therefore, the Writ Petition stands dismissed. (J.H.BHATIA,J.)