1. Heard Mr. Patil, learned counsel for the Petitioner.

2. By this Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the concurrent finding arrived at by the Court of 3rd Joint Civil Judge, Junior Division, Kolhapur, vide his order below “Exhibit-5” dated 6th July 2017 passed in Regular Civil Suit No.438 of 2017, which is confirmed by the Court of District Judge-7, Kolhapur, vide its order dated 19th September 2017 passed in Miscellaneous Civil Appeal No.192 of 2017.

3. By the Trial Court's order dated 6th July 2017, the application filed by the Petitioner for interim injunction restraining the Respondent from carrying out construction over the alleged encroached portion of the property came to be rejected and the said order is confirmed by the Appellate Court while dismissing the Petitioner's Miscellaneous Civil Appeal No.192 of 2017.

4. The submission of learned counsel for the Petitioner is that, the Petitioner-Plaintiff has come before the Court with a specific case that Respondent has made encroachment on the property owned by the Petitioner and on the said encroached portion, she is carrying out construction. It is urged that