: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.833 OF 2007 SECOND APPEAL NO.833 OF 2007 SECOND APPEAL NO.833 OF 2007 Yogiraj Mahadu Jadhav ...Appellant V/s. Rambhau Punja Jadhav & Ors. ...Respondents Mr.Hardas, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. P.C.: P.C.: P.C.: 1. This Second Appeal is by the 5th defendant challenging decree for perpetual injunction passed by the Trial Court in favour of the 1st respondent and confirmed by the 1st Appellate Court. 2. The submission of the learned Advocate for the appellant is that the 1st respondent-plaintiff could not establish any obstruction to his possession at the hands of the appellant-plaintiff. It is submitted that in absence of any evidence adduced by the 1st respondent alleging any obstruction by the appellant, a decree for perpetual injunction could not have been passed by the Appellate Court. 3. I have carefully considered the submissions. : 2 : The 1st respondent stepped into the witness box and deposed about obstruction to his possession. The appellant has not stepped into the witness box. The appellant is not disputing the title of the 1st respondent over the suit property. Considering the past disputes between the parties, order of perpetual injunction has been granted against the appellant for protecting the possession of the 1st respondent over the suit property which is owned by the 1st respondent. As the appellant did not step into the witness box, there was every justification for the Trial Court to pass a decree of perpetual injunction. 4. No substantial question of law arises, in view of the concurrent decrees passed by the Courts below. Second Appeal is dismissed. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]