1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH SECOND APPEAL NO.784 OF 2009 Sk. Ibrahim s/o. Shaikhji and others - - Appellants [ Orig. plaintiff ] versus Shaikh Majid s/o. Shaikh Bannu and others. - - - Respondents Mrs. C. E. Gaikwad, Advocate for the appellants. Shri M. A. Khan, Advocate for respondent No.1 absent. Shri S. S. Shete, Advocate for respondent no.2 absent. CORAM: N. D. DESHPANDE, J. Dated : 27th November 2009 PER COURT: 1. Heard Mrs. C. E. Gaikwad, learned Counsel for the appellants. 2. This is second appeal for admission. The dispute is about small lane 4' wide between the two houses respectively held by plaintiffs and the defendant. They are neighbours since long. Plaintiff filed suit in the year 1992 seeking declaration and injunction on the basis of apprehension that defendant is about to encroach in the lane portion which is 4' wide between the two houses and that is the subject matter of the suit. It is also alleged that defendant 2 constructed new wall after demolishing old structure along the lane and opened one window. However, there is no averment found as to what extent the lane has been encroached by the defendant. Thus, the dispute is narrow. The lane still exists and is being used by the plaintiff so also by others. In between there is drain passing through the lane and also electric polls and, therefore, it is held to be a public lane by the trial Court and it was pleased to dismiss the suit holding that the plaintiff has not proved possession and title to the area described as suit lane as it is exclusive property and also the part and parcel of his plot which he is holding since the time of his father. Such disputes are very common between the neighbours when their relations get strained. Every dispute cannot be considered as suit. Moreover, when parties are quarrelsome such suit should not be encouraged. Two forums have held against the appellant. There is no substantial question and substantial dispute. Dispute is of common nature between the neighbours. No case is made out. Appeal stands dismissed at the stage of admission summarily with no order as to costs. ( N. D. DESHPANDE, J. ) pnk/sa78409