( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 321 OF 2009 Nagarparishad, Ambajogai through its Chief Officer APPELLANT VERSUS Ramdhan Ambadas Thombre and others RESPONDENTS ...... Mr. Vivek Bhavthankar, advocate for the appellant. Mr. Rajendra S. Deshmukh, advocate for respondent No.1. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th November, 2009] PER COURT : 1. Heard learned counsel for the parties. 2. The appellant is Municipal Council, Ambajogai and was defendant No. 4 in the trial Court. The plaintiff’s suit for injunction came to be decreed. The appeal preferred by the defendant No. 4 came to be dismissed. 3. Mr. Bhavthankar would submit that without ascertaining the area of the plot sold by the plaintiffs, injunction decree should not have been ( 2 ) granted. It is argued that the plaintiffs are trying to encroach over road of the Municipal Council and, therefore, injunction should not have been granted. There are concurrent findings of fact. No substantial question of law is involved in this second appeal. Mr. Bhavthankar submits that the T.I.L.R. is moved for measurement of the properties. If anything positive emerges after such exercise, the appellant is at liberty to take recourse to the appropriate legal remedy. The present appeal is not maintainable in view of section 100 of the Civil Procedure Code and as such, is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/sa321-09