1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.238 OF 2009 R.N. Kothavale & Anr. ... Appellants V/s. Chintaman N. Barve, Decd., Thru Pushpavati C. Barve and Ors.... Respondents Mr. P.B. Shah for the Appellants. Mr. S.G. Karandikar for Respondent Nos.1(a) to 1(e). Mr. A.G. Damle for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATE : 21 ST JULY, 2009. P.C. : 1. The appellants have filed the present Second Appeal challenging the orders of the trial court in Regular Civil Suit No.53 of 2001 and in Civil Appeal No.285 of 2007. 2. Both the courts below have recorded concurrent findings of fact that the appellants have encroached on a public lane while constructing the septic tank for their property. Admissions of the witnesses for the appellants, who were the defendants in the trial court, 2 have been considered and it has been found that the septic tank has been constructed contrary to the approval granted by the CIDCO. It has, therefore, been held that there is a public lane between City Survey Nos.2581 and 2594 and that the appellants had constructed a septic tank which abuts on to the public lane. 3. In my view, there is no error committed by the courts below from which any substantial question of law arises in the appeal. It is submitted on behalf of the appellants that in view of the decision of the Supreme Court in the case of Muni Suvrat Swami Jain S.M.P. Sangh vs. Arun Nathuram Gaikwad [reported in AIR 2007 SC 38], no directions ought to have been passed against the Authorities to remove the septic tank when the application for regularizing the same was pending before the Authorities from 1998. 4. In my view, this submission cannot be accepted. If the appellants were really serious 3 about having the construction of the septic tank regularized, they would have ensured that some progress is made in respect of the application which has been filed in 1998. 5. The Second Appeal is rejected. 6. The offending structure to be removed within a period of four weeks from today. .......