1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 288 OF 2009 Pushpa Kishanrao Maske ... Appellant Versus Municipal Council Parbhani ... Respondents ... Smt. A.N. Ansari, counsel for appellant ... CORAM: V.R.KINGAONKAR, J. DATE: 12th November, 2009 PER COURT 1. Heard learned counsel. Though served, none appeared for the respondent. 2. The appellant is original plaintiff. The appellant sought perpetual injunction restraining respondent/Municipal Council from causing demolition of her house property. The case of the appellant was that she became owner of the suit house property by virtue of registered sale deed executed by one Jayprakash Dagadiya. The trial Court held that construction was unauthorized, and therefore, injunction could not be issued. The first Appellate Court confirmed the findings. The plaintiff alleged that she had carried out 2 construction of two rooms, latrine and bathroom on the open plot on basis of deemed permission. Both the courts below noticed that originally plot was allotted to a freedom fighter and it was not transferable one. The plot was given gratuitously as it was during course of scheme to provide plots to freedom fighters. It was illegally transferred from one hand to another. There is no valid construction permission. The plaintiff did not submit appropriate map of construction nor gave notice that if the construction permission is not issued, then she would carry out the construction as if it was granted. Considering the nature of illegal construction, the trial Court as well as first Appellate Court declined to protect the plaintiff’s unauthorized construction. There appears no perversity in either of the Judgment. The findings are of facts. Therefore, in view of “Gurdev Kaur and others V. Kaki and others” (A.I.R. 2006 Supreme Court 1975), such findings cannot be disturbed in the second appeal. The second appeal is outside the scope of Section 100 of Code of Civil Procedure, and therefore, is dismissed. ( V.R. KINGAONKAR, J. ) srm/sa288.09 3 4