1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.619 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard. 2. The appellants are original defendants. The Respondent filed suit (RCS No.426/2004) for declaration of ownership and injunction. The appellants admitted ownership of the Respondent (plaintiff). They submitted that there was no cause of action for the Respondent to seek injunction because there was no unlawful obstruction caused by them in his possession. They admitted that he was in possession of the suit properties bearing Gat Nos.292, 293 and 294 as described in the claim clause. The trial Court partly decreed the suit to the extent of declaratory relief but dismissed the suit for injunction. The Respondent, therefore, preferred appeal (RCA No.72/2008). The first appellate Court held that recitals of the affidavit (Exh.38) filed by the Respondent indicated unlawful obstruction in his possession and, therefore, there was cause of action available to him for relief of injunction. Hence, the first appellate Court decreed the suit in entirety. 3. No substantial question of law is involved in the Second Appeal. The ownership and possession of the Respondent is an admitted fact. In fact, there is hardly any lis between the parties. However, Mr.Tanwade, learned advocate would submit that taking undue advantage of the injunction decree, the Respondent is now causing damage to the middle Bandh and is likely to obliterate a part thereof. It is made clear that the injunction decree does not give right to the Respondent to change the statusquo position regarding the middle Bandh. If he undertakes any illegal activity, the appellants are at liberty to take appropriate Civil/Criminal action. The appeal is dismissed. (V.R.KINGAONKAR,J.) Dt.03.12.2009. asp/office/sa619.09