1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 1036 OF 2004 Smt. Kamalabai W/o Punnaswamy .. .. Appellant Versus The Union of India and another .. .. Respondents Shri S. V. Gangapurwala, Advocate for the Appellant. The Respondent No. 1 served. The Respondent No. 2 abated as per Court’s order dated 18.06.2009. CORAM : N. D. DESHPANDE, J. DATE : 09TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Gangapurwala, learned counsel for the appellant. This second appeal is filed against the judgments and orders of both the Courts below dismissing the appellant’s suit for perpetual injunction in respect of Sr. No. 74 & 75 admeasuring 10 Acre Cantonment area belonging to defendant No. 1. 2. Perused both the impugned judgments and orders. This was not the only suit pending before the Courts, but at the material time, there was eviction proceeding started against the 2 present appellant under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 after issuing required notice of eviction. The same was not challenged by the appellant, it is final. There was also a dispute pending interse between defendant No. 1 and defendant No. 2. 3. The main contention of the appellant is that defendant No. 1 now is not owner of the suit property and property is vested in defendant No. 2. Admittedly, appellant is not owner of the property and her husband came in possession and after his death she continued the lease and remained in possession. As perpetual injunction is a matter of discretion and both the Courts after recording the evidence and appreciating it dismissed the suit of the appellant which call for no interference. Therefore, second appeal stands dismissed summarily at the stage of admission. The second appeal is disposed of. [ N. D. DESHPANDE, J.] bsb/Dec.09