1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD S.A. NO.464/2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. S.S. Shinde, Advocate for appellants. Mr.H.V. Tungar h/f Mr.C.R. Deshpande, Advocate for respondent no.1. [CORAM : K.U. CHANDIWAL, J ] Date : 31st March, 2010. PER COURT : 1 Leave to amend appeal memo to add substantial question of law, permitted. 2 The unsuccessful plaintiff before learned Jt. Civil Judge (J.D.), Latur in R.C.S. No. 56/1992 approached the learned Adhoc District Judge-III, Latur in R.C.A. No. 111/2006. The learned first appellate court passed following order. “Appeal stands allowed with costs. 2 The suit for relief of perpetual injunction stands decreed. Defts and or their representatives are hereby injuncted from causing obstruction to pltffs possession over the suit land in perpetuity; as well as should not disturb his possession and enjoyment over the encroached portion of 17 R as per map Ex 59 unless and until it is recovered by due process of law.” This is questioned by defendants. The defendants have grievance for such decree of perpetual injunction against them, when there is obviously encroachment to their property. 3 The gist of the order referred above demonstrate that it is not a decree in perpetuality. The first appellate court indicated that the plaintiff’s possession even if it is encroachment on 17 R proved through map Ex. 59, unless and until it is recovered by due process of law, should not be disturbed. No illegality could be surfaced in such exercise by the learned Addl. District Judge. The remedies of the aggrieved owner of the property, the defendants / appellants to get 3 removal of 17 R of the encroached portion are unbridled for which independent exhaustive exercise may be initiated by appellant. No cost. [K.U. CHANDIWAL, J.] tsk/sa464.09