IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 256 OF 2007 SHRI NAMDEV SHIVA SHETGAONKAR, PERNEM, GOA. ... Petitioner Versus SHRI VISHNU VASSU SHETGAONKAR, PERNEM-GOA. ... Respondent Mr. Arjun Naik,Advocate for the petitioner. Mr. Guru Shirodkar,Advocate for the respondent. Coram:- S.A. BOBDE, J. Date:- 24th April, 2008 P.C. The petitioner has challenged the order of the Appellate Court by which the Appellate Court has reversed the injunction granted by the trial Court and refused the petitioner. The petitioner is the plaintiff. He sought an injunction restraining the respondent from making construction towards the north side of his house. The trial Court granted the injunction. However, the Appellate Court found that the petitioner has failed to make out a case that the defendant is constructing the house illegally or unauthorisedly. The Appellate Court has observed inter alia in para. No.13 that the defendant/respondent is carrying on construction in accordance with approved plan and licence granted to him and, therefore, the petitioner is not entitled to make any grievance. The contention of the petitioner that the defendant is not entitled to construct in the area adjoining the mundkarial house of the petitioner has also been rejected on the ground that the petitioner has not been held to be a mundkar and that the petitioner has failed to show that the house in question falls within 300 or 500 meters or not of his house. It was urged by the learned Counsel for the petitioner that he was not heard by the Appellate Court. This does not seem to be correct in terms of the observations of the Court in para. No.6 of the order that arguments were heard and matter was adjourned for filing written submissions. In fact no submissions were filed by the petitioner and it appears that therefore the Court rejected the petitioner's prayer for being permitted to advance further oral argument. This cannot be construed as a denial of natural justice. In this view of the matter, there is no merit in this petition which is dismissed. S.A. BOBDE, J. SMA