KUNDA FIAGHUVIR GHARSE Vs. TIMBLE PLANTING PRIVATE LIMITED

JUDGEMENT

(1.) THE petitioner is the original defendant of Special Civil Suit No. 22, 95 in the Court of Civil Judge, Jr. Division, Sanguem. The respondent/plaintiff had filec the said suit claiming the following relief, as contained in paragraph 33, page 50: " (a) That by an order and decree in the nature of permanent injunction, the defendant be restrained from entering or interfering or undertaking any mining operations or disturbing the possession of the plaintiff or the suit property beyond the mining pit which exists and is as shown within brown colour on the plan annexed. "

(2.) AS can be gathered from the aforesaid para that a permanent injunction is sought restraining the defendant from doing the mining operations beyond the mining pit which exists.

(3.) SO far as the area of the mining pit is concerned, initially there was some dispute. According to the plaintiff, with reference to the plan attached to the plaint by it, that an area was limited to the portion described in brown colour. Later on, the Mamlatdar along with Field Surveyor visited the said place and as can be gathered from the additional areas marked B, C and D were also found to have been covered by mining operation. The report being at page 211 and the map being at page 212.