1. Regular Civil Suit No.40 of 2005 has been preferred by the present petitioner, wherein an application for injunction was taken out which was decided on 13.12.2010 rejecting the request of the petitioner to protect two structures constructed by him in the marginal land being Tank and the area of washing.
2. Aggrieved by such an order, the appellate Court was approached by preferring Miscellaneous Civil Appeal No.8 of 2011 and the Court after hearing both the sides, confirmed the order of the trial Court rejecting the request of injunction.
3. This petition has been preferred challenging the order of the appellate forum raising various grounds.
4. Heard learned advocate Mr.Sheth for the petitioner and he has urged the Court that he has been protected from the year 2005 by way of interim relief and, therefore, at this stage, such protection should continue. He further urged that the construction is though on the marginal land, it is blind alley and the area being a dead end nobody is utilizing the said area and therefore, the same can also be utilized by the Gram Panchayat.
5. As this petition is preferred under Article 227 of the Constitution of India, on perusal of the record independent of the order impugned, the fact is not in dispute that alleged construction is over marginal land this is a blind alley adjacent to the house of the plaintiff. Both the Courts have concurrently found that the plaintiff encroached on the marginal land and the respondent herein is within its right to get the encroachment removed, the protection of injunction, as sought for, cannot be granted.
6. There is no material worth the name for this Court to intervene in the orders passed by both the Courts. Neither for there being any jurisdictional error nor any illegality in the findings recorded by the trial Court, in directing illegal encroachment.
7. Resultantly, this petition is dismissed. However, the petitioner at this stage request to allow him to approach the Gram Panchayat for making any request in respect of the marginal land, on such advice. This Court expresses no opinion on this issue.
(Ms.Sonia Gokani, J.) sudhir Top