JUDGMENT

M S Sonak, J. - Heard Mr. N. Sardessai, learned Senior Advocate with Ms. Gautami Kamat for the Appellant and Mr. R. G. Ramani, learned Senior Advocate with Mr. S. Sardessai for Respondent Nos. 1 and 2.

2. Having regard to the orders made on 13th December 2012 and 5th February 2021, this Second Appeal involves the following substantial questions of law :-

(i) Whether the impugned order suffers from non-application of mind in as much as it holds that the Respondents' structure could not be ordered to be demolished for lack of details in the plaint and the report, when the pleadings on record complied with the provisions of Order VII Rule 3 Code of Civil Procedure and the evidence on record clearly demonstrated that the set back line is a straight line from the common boundary, thus evidencing the portion to be demolished ?

(ii) Whether the appellant who is the neighbour of the respondent can get a relief of permanent/mandatory injunction by merely establishing that there is breach of the requisite set backs under Section 38 and 39 of the Specific Relief Act ?

(iii) Whether the Le