1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.240 OF 2007. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 18.04.2011. 1. Heard. 2. This is plaintiff's Second Appeal. The plaintiff had filed suit for injunction restraining the defendants from interfering and causing obstruction in the peaceful possession of the suit property which according to the plaintiff is Devasthan. The trial Court decreed the suit. The defendants preferred an appeal. The appellate Court allowed the appeal and dismissed the suit of the plaintiff. Aggrieved thereby, the plaintiff has filed the present Second Appeal. 3. Mr.Ashtekar, learned counsel for the appellant strenuously contended that the 2 Grampanchayat record also shows that the property is owned by Khandoba Devasthan and at present it is a trust property registered under the Bombay Public Trusts Act. According to the learned counsel, the Respondents do not have any right, title or interest in the said property. The defendants are also not claiming that they own the property. According to them, it is a Government property. As such the defendants do not have any authority to interfer in the possession of the plaintiff. According to learned counsel, the District Court has misread the Grampanchayat extract, the trust extract and the Commission report. 4. Per contra, Mr.Prashant Deshmukh, learned counsel for the Respondents states that the plaintiff could not show the property of Devasthan or is allotted the said property by due process of law. The same is a Government property and plaintiff has no right to encroach upon the same. 5. With the assistance of the learned counsels, I have gone through the judgments. The 3 basis on which the plaintiff claims the said property to be of Khandoba Devasthan is the Resolution passed by the Grampanchayat. The Grampanchayat does not have any authority under any provisions of law to pass such Resolution. In such circumstances, the source of title of the plaintiff can not flow from the Resolution of the Grampanchayat. The land is an open land. Whether it is a land of Grampanchayat or of a Government is not germane to the present dispute. Here we are only concerned as to whether Devasthan is allotted this particular land. The record does not show that this land was allotted to Devasthan. 6. If by following due procedure of law, the Devasthan is allotted the land by competent authority, that would be a different matter by which we are not concerned. 7. In light of the above, the Second Appeal being sans substantial question of law, is dismissed. However, there shall be no order as to costs. 8. Dismissal of this Second Appeal would 4 not come in a way of the plaintiff to prosecute any other legal process for allotment of the said land for Devasthan. (S.V.GANGAPURWALA,J.) Dt.18.04.2011. asp/office/sa240.07