1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.316 OF 2009 WITH CIVIL APPLICATION NO.1066 OF 2009 Shri.Shivaji Janardan Kadam ...Appellant Versus Shri Eknath Namdev Malsane ....Respondent ...... Mr.R.D.Matkari for Appellant. Mr.G.R.Agrawal for Respondent. ...... CORAM:- A.M.KHANWILKAR, J. DATED:- NOVEMBER 24, 2009. P.C. 1. Heard Counsel for the parties. 2. In view of the concurrent finding of fact recorded by two Courts below that the Appellant/Plaintiff had filed Suit for identical relief in respect of the suit property, the Courts below have rightly concluded that the present Suit was barred by the principles of resjudicata. No substantial question of law arises for consideration. Dismissed. 3. In view of the dismissal of the second appeal, nothing 2 survives for consideration in civil application. Hence, the same is disposed of accordingly. A.M.KHANWILKAR, J.