Sanjay Ratan Bansod v. Rameshchandra Motilal Khatod And Others

2211wp2089.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2089 of 2016 (Sanjay Ratan Bansod v. Rameshchandra Motilal Khatod and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri N.A. Chauhan, Advocate, holding for Shri P.K. Dahat, Advocate for Petitioner.

Shri S.A. Mohta, Advocate for Respondent Nos.1, 2 and 3. Coram : R.K. Deshpande, J.

Date : 22 nd November, 2016 The Trial Court rejected the application for grant of temporary injunction restraining the defendant from interfering with the possession of the plaintiffs over the suit property. The lower Appellate Court has reversed the decision of the Trial Court and an order of injunction has been passed. With the assistance of the learned counsels appearing for the parties, I have gone through the orders passed by both the Courts below. The Courts below have taken into consideration the material placed on record by both the parties. The view taken by the lower Appellate Court that the respondent Nos.1 to 3 are in possession of the suit property is a possible view of the matter, based on appreciation of evidence, which does not call for any interference.

2211wp2089.16.odt The petition is dismissed.

Judge.

Lanjewar