1. Present petition has been directed against concurrent findings recorded by the learned Courts below, by which, both the learned Courts below have been pleased to allow the application exh. 19 filed in Regular Civil Suit No. 1041 of 2011 by the respondent herein – original defendant directing the petitioner herein – original plaintiff to remove the compound wall and/or obstruction for passing and repassing and using the road.

2. Rule. Mr. Mokaria, learned advocate for the respondent, waives service of process of Rule.

3. The brief facts of the case are that the petitioner herein – original plaintiff is a trust, duly registered under the Bombay Public Trusts Act, 1950, running many educational institutions with hostel facilities. It is the case of the petitioner – plaintiff that the respondent – defendant has purchased the land bearing Block No. 1763, which is situated adjacent to the lands of the petitioner and the respondent has a general way to have access to his land, and not through the lands of the petitioner. The petitioner, to ensure safety and security, erected fencing in his lands against which, the respondent – defendant moved application before the Mamlatdar,