IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.382 OF 2009 IN SECOND APPEAL NO.573 OF 2006 Shaikh Abdul Wadut Gafar Mujawar ...Applicant. v. Hawabi Ismail Shaikh ...Respondent. Mr. Milind Parab, adv. For the Applicant. Mr.A.N.Mulla, adv. For the Respondent. CORAM : J.H. BHATIA, J. DATED : 23rd July , 2009 P.C. 1 Heard the learned counsel for the Parties. 2 The respondent/plaintiff claims to be the owner of the property and he filed suit for perpetual injunction against the defendant/applicant. That suit was decreed and the defendant has filed second appeal, which is admitted. On hearing the learned counsel for the parties, it appears that the defendant does not claim any right over the property. According to him, the property belongs to Dargah and he has only right of prayers at the Dargah. In such circumstances, construction of a wall on some open space of the land by the plaintiff does not violate any of the rights of the present applicant. His previous application for temporary injunction was also rejected on 30th January, 2009. - 2- 3 In view of these circumstances, there is no substance in the present application and the application stands rejected. (J.H. BHATIA,J.)