dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7938 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Sachin Shetye for the petitioner. Mr.R.S.Apte, Sr.Advocate i/by Mr.A.A.Garge for respondent no.1. CORAM : ANOOP V. MOHTA, J. DATED : 08.12.2008 P.C. The petitioner who is claiming to be the statutory/protected tenant/occupier of a land in question which is under acquisition since 1943 as it was private acquisition. The present suit is filed in the year 2007 for declaration that the whole acquisition proceedings are illegal, null and void and also prayed for injunction. Both the courts, considering the material placed on record, found that there is no prima facie case made out for grant of any injunction as prayed. Considering the facts and circumstances, there is no balance of convenience or 2 irreparable injury which would cause to the plaintiff. The original owner is not a party to the proceedings. As recorded earlier proceedings initiated of similar nature was also disposed in the year 1995. Whatever rights, even if any, just cannot be considered in such facts and circumstances of the case specially observed in paragraphs 3 and 5 by the lower Appellate Court. Those findings therefore, as recorded,need no interference. The petition is therefore dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]