1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.425 OF 2009 WITH SECOND APPEAL NO.448 OF 2009 Shri Baban Bhausaheb Chougule & Ors. )..Appellants Vs. Shri Nana Nemisha Chougule )..Respondent ---- Mr.V. B. Rajure for the appellants. Ms.Varsha Palav for the respondent. ---- Coram : R.S.MOHITE,J Date : 22nd January, 2010 PC SECOND APPEAL NO.425 OF 2009 1 This is an appeal filed by the original defendant against the concurrent judgment and decrees of the two lower Courts granting the plaintiff’s suit for injunction. Admitted position is that the father of the defendants was a real brother of the original plaintiff. The plaintiff was serving in Bombay and therefore, he permitted his brother to cultivate his suit land. The case of the defendants is that after the death of their father on 15.9.2003 they remained in possession of the suit land. They have not disputed the ownership. Both the Courts have held that the cultivation of the father of the defendants was permissive. In such circumstances, the permission granted to the father cannot survive the father’s death 2 and such permission cannot accrue to the present defendants. It is not the defendants’ case that the plaintiff permitted them to cultivate the land. Their cultivation is therefore, unauthorised. Both the Courts have rightly held that plaintiff was entitled for injunction. In such circumstances, there is no substantial question of law involved in this Appeal. Second Appeal is therefore, summarily dismissed. SECOND APPEAL NO.448 OF 2009 1 This Second Appeal pertains to structure standing on the suit property which was the subject matter of Second Appeal No.425 of 2009. As the Second Appeal No.425/2009 has been dismissed by a separate order passed today, for the same reasons, this Second Appeal also liable to be dismissed and therefore, stands dismissed summarily. (R.S.MOHITE,J) 3