IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 600 OF 2005 Shafique Shikandar Abuji...... ...... ...... Appellant V/s Dr.Zakir Abdul Razzak Dhange...... ...... ...... Respondent. Mr.P.S.Dani, Adv. For the appellant. Mr.Ramesh A. Karale, Adv. For respondent. CORAM: R.V. MORE, J. 17th NOVEMBER, 2008. PC: Heard Mr.Dani, learned advocate for the appellant and Mr. Karale, Learned advocate for the respondent. The appellant is original defendant. Respondent' s suit for permanent injunction to restrain defendant from digging outside his western compound wall was decreed. This decree was confirmed by lower appellate court by a judgment and decree which is impugned in the present second appeal. Both the courts below concurrently held that the defendant No.1 has unlawfully tried to dig towards western side of the plaintiff' s compound wall and consequently passed a decree against him. 2. Be that as it may, learned advocate for the respondent makes statement that 60' vide road at the disputed site is already constructed. He has produced photograph to that effect to substantiate his statement which is taken on record and marked `X' for identification. The said statement is not disputed by Mr.Dani, learned advocate for the appellant. In the facts and circumstances I am not inclined to interfere in second appeal. Hence the same stands dismissed. 17.11.08 (R.V. MORE, J.)