JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed against the final judgment and order dated 17.06.2009 passed by the High Court of Bombay at Mumbai Writ Petition No.4386 of 2001 whereby the Division Bench of the High Court dismissed the said writ petition filed by appellants herein.

2. Though the controversy involved in this appeal is short, in order to appreciate as to how it arose, it is necessary to set out its background facts in detail infra. The facts are stated from the SLP paper books and the List of Dates furnished by the parties.

3. The appellants herein are the writ petitioners and the respondents herein are the respondents in the writ petition out of which this appeal arises.

4. The dispute relates to a property, which is situated at Survey No.417, Bungalow No.17, Dr. Coyaji Road (formerly known as "Elphinstone Road") Pune-411001. The property consisted of a main bungalow, a cottage, outhouses, garages, and an open plot of land (garden) admeasuring around 1.52 acres (hereinafter referred to as "the suit property").

5. One Burjorji Goostadji and Cooverbai Homi Karani were the owners of the suit property. They sold the suit property to one Mr. Mohammad Hajjibhoy by indent