1 SA.No.707.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 707 OF 2009 Maharashtra State Water Severage Board Dy Mananger ... Appellant V E R S U S Kishor Shrikshan Bang and others ... Respondents ... Mr. D.P.Bakshi,Advocate for Appellant Respondent No.1 though served remained absent. ... WITH SECOND APPEAL NO. 334 OF 2009 Dhule Municipal Council,Dhule Through its Chief Officer,Dhule ... Appellant V E R S U S Kishor Shrikshan Bang and others ... Respondents ... Mr. Subodh P.Shah Advocate holding for Mr. Mukul Kulkarni,Advocate for appellant Mr. D.P.Bakshi,Advocate for respondent no.2 Respondent No.1 though served remained absent. ... CORAM : A.V. NIRGUDE, J. DATED : 19th JANUARY, 2010 ORAL JUDGMENT: 1] These appeals can be decided by this common Judgment. Both the appeals are filed against the 2 SA.No.707.09 concurrent findings recorded by the Courts below in one case. 2] The appellant was defendant in the Lower court. The suit for mandatory injunction was filed by the respondent. The Courts below held that the appellants had made encroachment on the respondent's land and so they are under obligation to remove it. Having regard to the facts of the case, specially admission of the appellant in Second Appeal No. 707 of 2009 that they did not give notice contemplated under section 14 (k) of The Maharashtra Jeevan Authority Act,1976 to the respondent and in view of further admitted position that both the appellants have so far not acquired the encroached portion of the respondent's land or have not taken steps to compensate the respondent for the encroachment of his land, the findings recorded by the Courts cannot be assailed. There is no substantial question of law involved in these appeals. The appeals stand dismissed. Consequently, the Civil Application No. 10078 of 2009 in Second Appeal No. 707 of 2009 and Civil Application No. 1122 of 2006 in Second Appeal No.334 of 2009 also disposed of. Sd/- (A.V. NIRGUDE, J.) MTK/