U.D. Salvi, J.

1. This is a reference made by Jt. Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, for seeking answers to the following questions:

(A) Whether Civil Court can regularize encroachment over forest land by declaration of ownership in contravention and avoiding bar created by Section 2 of Forest (Conservation) Act, 1980?

(B) Whether Government Resolution dated 12.9.1979 is still good to regularise encroachment over forest land in contravention of Section 2 of Forest (Conservation) Act, 1980?

(C) Whether Civil Suit is maintainable to protect the encroachment over forest land in contravention of Section 2 of Forest (Conservation) Act, 1980?

2. Genesis of this reference lies in Regular Civil Suit No. 153/2007 instituted by one Gadbad Bhavdu Sonne against his brother Ramrao Bhavdu Sonne in the Court of the Civil Judge, Junior Division at Kannad for the following relief:

“(1) Decree for perpetual injunction permanently restraining the defendant Ramrao from interfering in possession of the plaintiff Gadbad to the extent of 2 Hectors of landed property in the portion on the northern side of Gat No.162 (Old Survey No. 38), situat