1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO.9 OF 2010 1. RAMRAO MOTIRAM LOKHANDE AND 18 OTHERS. .. APPELLANTS. VERSUS 1. STATE OF MAHARASHTRA, COLLECTOR, AMRAVATI AND 7 OTHERS. .. RESPONDENT/S. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri N.R.Saboo, Advocate for Appellants. Shri D.M.Kale, A.G.P. for Respondent No.1. CORAM : R.K.DESHPANDE, J. DATED : FEBRUARY 10, 2010. 1. Heard learned counsel for the appellants/plaintiffs. 2. This appeal challenges concurrent findings recorded by the Courts below, dismissing the suit filed by the plaintiffs for declaration and permanent injunction. Admittedly, the plaintiffs are encroachers on the Government land and they are claiming regularization of the encroachment. Both the Courts below have rejected their claim. The appellate Court, by relying upon the provisions of Section 41(i) of the Specific Relief Act has observed, and rightly that, when the conduct of the plaintiffs or their agents has been such as to disentitle them to any assistance of the Court, in such situation injunction cannot be granted. Merely because the plaintiffs are tribals they do not have any right to seek regularization to the encroachment. 2 3. In view of above, there is no substantial question of law which arise in the present second appeal. The appeal is, therefore, dismissed. JUDGE RR.