gst 1 sa330.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO. 330 OF 2010. Balkrishna Jaganath Patil ..... ..... ... Appellant. V/s Anant Raghunath Patil & Ors. ..... ..... ... Respondents. Mr.Shripad Murthy, i/by Mr.A.G.Damle, Adv. For the appellant. CORAM: B.R.GAVAI, J. 1st September, 2010. PC: As and by way of this appeal the appellant is challenging the findings arrived at by learned Civil Judge, J.D.Palghar in its judgment and order dated 16.4.2009 in Regular Civil Suit No.47/03 thereby dismissing the suit filed by the present appellant and the order passed by the learned District Judge, Palghar in Civil Appeal No.9/09 thereby dismissing the appeal filed by the appellant. Learned counsel for the appellant submits that the respondent-defendant was trying to construct a house unauthorizedly adjacent to the house of the appellant. He submits that the mandatory requirement of 2 ½ feet was not kept by the defendant and as such the order of injunction ought to have been granted by the learned courts below. 2. The Courts below have concurrently held that the plaintiff has failed to establish that he had established his title over the said property and further held that the plaintiff has further failed to prove that the defendants have encroached upon the said property. The Courts below have given cogent reasons for arriving at the said findings. No perversity could be noticed in the concurrent findings of the Courts below to warrant interference. No question of law arises for consideration. Hence second appeal is dismissed. 3. In view of disposal of the second appeal civil application No.840/10 does not survive and the same also stands disposed of.