WRIT PETITION NO.1515 OF 200 v. Sadshiv Bhima Sutar & Anr.

Heard learned counsel for the petitioners.

This petition is directed against concurrent findings of the courts below, by which the application filed by the respondents-plaintiffs at Exhibit-5 came to be allowed. Admittedly, the injunction is running against the petitioners-defendants since 4.5.2007. Mr Warunjikar, learned counsel for the petitioners, after inviting my attention to three documents, namely re-grant order dated 5.7.2006, the sale deed and affidavits of the adjoining owners which, according to him, support the case of the petitioners, that they are in exclusive possession of the suit property and the findings recorded by the courts below of the joint possession are perverse. I perused all these documents so also the judgments of the courts below. It -2- is well settled that this Court is not expected to re-assess the material and seek to reach the conclusion different from the one reached by the courts below, if one reached by the courts below is reasonably possible on the material on record. If the discretion has been exercised by the courts below reasonably and in judicial manner, the fact this court can take a different view may not justify interference with the discretion exercised by the courts below. In my opinion, the petitioners have not made out a case warranting interference in the impugned order. Considering that there are concurrent findings and as I find sufficient material on record to sustain those findings and considering the extremely limited jurisdiction of this court under Article 227 of the Constitution of India to disturb the findings of fact, in my opinion, this petition deserves to be dismissed. Order accordingly. The trial Court, however, shall decide the suit on merits in accordance with law and uninfluenced by the impugned orders as well as this order. Hearing of the suit is expedited. (D.B.Bhosale,J.) (D.B.Bhosale,J.) (D.B.Bhosale,J.) -3-