Valmiki J. Mehta, J. (Oral)

1. This Regular Second Appeal is filed against the concurrent judgments of the courts below; of the trial court dated 22.2.2010 and the first appellate court dated 31.01.2012; by which the suit filed by the respondent/ plaintiff for permanent and mandatory injunction and mesne profits was decreed by granting the following reliefs:-

“13. Relief

In view of the findings given in the above issues, the plaintiff is entitled to the following reliefs:

1. Plaintiff is entitled to the decree of mandatory injunction against the defendant in respect of unbuilt area of the suit property, as delineated and shaded in the red in the site plan and exhibited as Ex.PW1/4. The defendants are directed to remove their goods and material from the aforesaid unbuilt area of the suit property forthwith.

2. A decree of permanent injunction is hereby passed in favour of the plaintiff, thereby permanently restraining the defendants from using the unbuilt area of the suit property and for permanently restraining the defendants for using the built area of the suit property for any commercial purpose or for any purpose other than residential.

3. The plaintiff is entitled f