-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.349 OF 2007 APPLICATION NO.349 OF 2007 APPLICATION NO.349 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.2872 OF 2006 APPEAL NO.2872 OF 2006 APPEAL NO.2872 OF 2006 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.G.V.Pandya for the Applicant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : NOVEMBER 30,2007. : NOVEMBER 30,2007. : NOVEMBER 30,2007. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant. Prayer (a) of the Application reads thus: . "That pending the hearing and final disposal of the Appeal this Hon’ble Court be pleased to restrain the Respondent No.1, his family members, agents or servants, claiming through Respondent No.1 from disturbing the Applicant from cultivating the suit plot of land bearing Survey No.321, 29 Gunthas and 28 Gunthas situated at Behind Wireless Compound, Near Veer Sambhaji Nagar, S.V.Road, Dahisar (East), Mumbai 400 068." -2- 2. The Applicant is claiming injunction in respect of the two small portions admeasuring 28 and 29 Gunthas out of Survey No.321 which is having a very vast area. The said portions are not demarcated. The demarcation sketch is also not on record. The finding of the trial court is that the Appellant has not established his title and there is no proper identification. On that ground, the suit has been dismissed. 3. In absence of proper demarcation of the area in respect of which injunction is claimed, the Applicant is not entitled to claim any relief. Hence, Application is rejected. JUDGE JUDGE JUDGE