BABURAO YESHWANTRAO NAIKWADI Vs. SARPANCH

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. By consent of the parties, petition is taken up for final disposal at admission stage.

(2.) Petitioner herein is challenging order passed in Misc. Civil Appeal No. 63/2011 dismissing the appeal presented by petitioner thereby confirming order passed by the trial Court below Exh. 5 in Regular Civil Suit No. 23/2011 whereby application presented by petitioner herein seeking order of temporary injunction against respondent/Village Panchayat came to be rejected.

(3.) It is not disputed that petitioner herein has committed encroachment over the land belonging to Village Panchayat. According to petitioner, he is running business of washing center at the disputed premises since 2 1/2 years from the date of presentation of the suit. Petitioner has raised construction of temporary shed at the disputed premises. It is contended that petitioner is being dispossessed without following the procedure prescribed under the law by the Village Panchayat. It is also contended that Village Panchayat intends to allot the premises to some other influential persons who have political connections. Petitioner therefore seeks decree of perpetual injunction against defendant/respondent herein restraining him from causing interference to the possession of petitioner/plaintiff in respect of disputed property. Petitioner also tendered application at Exh. 5 seeking order of temporary injunction which has been turned down by the trial Court as well as the first appellate Court.