JIWANLALPOKARDAS MOTWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Paunikar, the learned counsel for the Petitioner, Shri Doifode, the learned A. G. P. for the State and Shri Dharmadhikari, the learned counsel for the respondent Nos. 2 and 3.

(2.) THIS second appeal is preferred by the appellant-original plaintiff. His suit is for permanent and mandatory injunction directing the respondent Nos. 2 and 3 to remove the encroachment, which had been decreed by the Trial Court, and has been set aside by the lower Appellate Court. Hence, this second appeal.

(3.) THE substantial question of law is formulated as under:-" whether in absence of special damages; the plaintiff is entitled to maintain a suit for mandatory and permanent injunction for removal of encroachment?"