1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITOIN NO. 1877/2011 Parmeshwar N.Raut VERSUS Bharat N. Raut - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. VASANTI A. NAIK, J. DATE : APRIL 20 , 2011 . Heard Shri Pantawane, the learned counsel for the petitioner. There is no error in the orders passed by the trial court and the first appellate court in rejecting the application filed by the petitioner for grant of temporary injunction restraining the respondent from making construction of his house. The courts on an appreciation of the documents on record came to the conclusion that the petitioner/plaintiff had already made a construction of his house on the plot measuring 16x50 sq. ft. and when the respondent/defendant had undertaken the construction of his house on the adjoining plot admeasuring 15x50 sq. ft. with the permission of the Gram Panchayat, the petitioner instituted the suit and sought the relief of temporary injunction. The courts, prima facie found that the petitioner/plaintiff had not produced a sanctioned map of his house on record to show that the alleged lane on which the defendant was allegedly making the construction was in existence at the time of construction 2 of his house. The courts found that the defendant would suffer grave and irreparable loss in case an injunction was granted in favour of the petitioner. Since the petitioner did not have a prima facie case and the balance of convenience was in favour of the defendant, the application was rightly rejected. Since the orders passed by the trial court and the first appellate court are just and proper, the writ petition is dismissed with no order as to costs. JUDGE Hirekhan