1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATEJURISDICTION SECOND APPEAL NO.528 OF 2011 Gilbert A. Ignises ...Appellant Versus Shree Bhimashwar Sadguru Nityanand Sanstha through its trustees ...Respondents Mr.Nitin Gangal for the Appellant CORAM:- R.Y.GANOO, J. DATED:- 19th SEPTEMBER, 2011. P.C. 1. The learned Joint Civil Judge, Junior Division, Bhiwandi, by Order dated 24.11.2008 in Regular Civil Suit No.778 of 1995 granted injunction in favour of the appellant. While granting injunction he had rendered a finding that the appellant is not carrying on the business at the site stated in the petition. Despite this finding, the learned Joint Civil Judge, Junior Division, Bhiwandi, proceeded to grant injunction. This judgment and decree dated 24.11.2008 became 2 subject matter of Appeal No.21 of 2009 at District Court, Thane. 2. The learned District Judge -4 and Assistant Sessions Judge, Thane by judgment and decree dated 5th July, 2011 allowed the appeal and set aside the judgment and decree dated 24th November, 2008 passed in Regular Civil Suit No.778 of 1995. Against this judgment and decree dated 5th July, 2011 this second appeal has been filed. 3. I have heared learned Advocate Mr. Gangal for the appellant. In the first place, no substantial question of law can be raised in the present appeal. Apart from that, since the learned Civil Judge, Junior Division, Bhiwandi had rendered the finding that the appellant is not carrying on business at the suit site. It was not proper for the learned Judge to grant injunction. This aspect has been noted by the learned District Judge, Thane. He has also observed that the finding rendered by the learned Trial Judge, so far as the first issue is concerned, has not been challenged by the appellant in the District Court. In my view, the learned District Judge has taken correct view of the matter and no interference is required. 3 4. Second Appeal is dismissed at the stage of admission. 5. Civil Application No.1217 of 2011 is disposed of with no order in view of the dismissal of the second appeal. (R.Y.GANOO, J.)