1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2045 OF 2009 Shantabai shantaram Mhatre & anr. ... Petitioners v/s Dilip Thakya Mhatre ... Respondent Mrs.Neeta P. Karnik for the petitioners. Mr.Ajai Rai i/by S.H.joshi for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH JULY, 2009 P.C.: 1. The petition has been filed by the defendants before the Trial Court contending that the appellate Court has incorrectly granted Exh.5 filed by the respondent herein. The appellate Court has granted interim relief to the extent that the defendants, their agents, servants or persons claiming through them, are hereby restrained from encroaching upon the way to the East of their house, till the disposal of the main suit. 2 2. The petitioners contend that they have refurbished their living accommodation and have constructed a toilet block inside the premises. However, a connection to the chamber for disposal of the refuse is required to be built in order to enable the petitioners to use the refurbished house. According to the petitioners, the chamber will be built by them in alignment with other chambers which exist on that road. It is also contended that the chamber will be built below the existing road and it would not cause any impediment or obstruction to the use of the road. 3. In my opinion, the order of the Trial Court cannot be faulted since the petitioners have not obtained permission from the Gram Panchayat to build the chamber. Once such a permission is obtained, the petitioner may apply to the Trial Court for vacating the injunction granted earlier. 4. Writ petition disposed of accordingly. ..... 3