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1. By way of present Appeal under clause 15 of the Letters Patent, the original petitioners have challenged the oral order dated 05.02.2011 passed by the learned Single Judge in Special Civil Application No.17592 of 2011 by which the petition was dismissed mainly on the ground that the dispute is between two private parties with regard to property particularly common open plot.

2. We have heard learned counsel Mr.Dharmesh Shah for the appellant, learned counsel Mr.Maulin J.Raval for the respondents No.1 to 3 and learned counsel Mr.Ravindra Shah for the respondent No.4.

3. We have gone through the papers of petition along with civil application and affidavit-in-reply filed on behalf of respondent No.4 by which several sale deeds have been produced by which the appellant and respondent No.4 had purchased the part of property. Learned counsel for the respondent No.4 has also produced photographs along with the affidavit-in-reply which shows that no fresh construction is carried out by the respondent No.4 as alleged by the appellant. It appears from the photographs that the construction which has been alleged to have been made by the respondent No.4 is of a compound wall, and from the documentary evidence, it appears that the compound wall is constructed since 1981. By way of present petition, the original petitioners prayed that the direction may be issued to the Corporation to take steps to remove the so-called encroachment of the common plot by respondent No.4 on common open plot. The learned Single Judge has observed in para 2 which reads as under.