1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.912 OF 2003 WITH CIVIL APPLICATION NO.1206 OF 2004 Shri Vithal Chandu Bhange ..... Appellants (since deceased through his LRs.) vs. Shri Bhanudas Raghu Bhange & Ors. ..... Respondents Mr.Niranjan Shimpi h/f Mr.P.K. Dhakephalkar,Advocate for Appellants. Mr.Sandeep Salunkhe, Advocate for respondents Coram : Smt. R.P.SondurBaldota, J. Dated : 1st July 2009. PC : 1. This Second Appeal arises out of judgment and order dated 14th June 1997 passed by Civil Judge,Junior Division, Madha in Regular Civil Suit No.77 of 1981 and the decision dated 16th August 2002 passed by the IInd Additional District Judge, Solapur dismissing the appeal arising therefrom. 2. The appellants had filed the suit for permanent injunction to restrain respondents from disturbing the appellant’s possession in respect of the land at block No.330, admeasuring 8 hectare, 14 R. situate at Madha Town, Taluka Madha and to restrain the respondents from cutting down the trees from that land. The other relief sought by the appellants was for damages of Rs.2,000/- for cutting down trees standing on the land. The trial Court in it’s judgment held that the trees have been standing on the land of block no.329 and the appellants are not entitled to any damages for cutting of the trees. 2 It however, issued perpetual injunction in favour of the appellants restraining respondents from disturbing the appellant’s possession in respect of block no.330. 3. The Second Appeal preferred by the appellant is consequently limited to the relief of the damages of Rs.2,000/- denied to them. It has been rightly pointed out by Mr.Salunkhe, learned counsel for respondents that Section 102 of Code of Civil Procedure bars a second appeal from any decree where subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-. The provision existing prior to the amendment in the year 2002 put the limit of Rs. 3,000/- on the amount so claimed in the suit for recovery of money. Since the decree is now limited to recovery of damages, it would amount to an appeal arising from original suit for recovery of money of Rs.2,000/-. Such second appeal, being barred by Section 102, is not maintainable. The same is therefore dismissed accordingly. In view of the dismissal of the Second Appeal, the Civil Application does not survive, the same is accordingly disposed off. (Smt.R.P.SondurBaldota,J.)