1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.207 OF 2007 APPEAL NO.207 OF 2007 APPEAL NO.207 OF 2007 Laxman Vasudeo Prabhavalkar & ors. : Appellants. versus Bandu Vasu Patil & ors. : Respondents. Mr.P.R.Arjunwadkar for the appellants Mr.Rahul Walvekar for Respondent Nos.1, 2(1) to 2(3) & 3(1) to 3(6). CORAM CORAM CORAM : R.M.SAVANT, J. : R.M.SAVANT, J. : R.M.SAVANT, J. DATED DATED DATED : JULY 11, 2008. : JULY 11, 2008. : JULY 11, 2008. P.C. P.C. P.C. 1. This Second Appeal arises out of the judgment and decree dated 13.04.2006 passed by the 2nd Additional District Judge, Kolhapur in Regular Civil Appeal No.218 of 1995. 2. There is a concurrent finding of fact recorded as regards the title and possession of the Respondent 2 Nos.1 to 3 herein, who are the original plaintiffs. The plea of res-judicata has also been dealt with by both the Courts below. Both the Courts below held that in the earlier suit being R.C.S.No.19 of 1965, the suit property in question was Survey No.137/2. The suit property concerned in the instant Appeal is Survey No.137/4 i.e. Gat No.593. Both the Courts below therefore held that the order passed in the said suit would not operate as res-judicata. 3. A perusal of the judgment and decree in the said R.C.S.No.19 of 1965 discloses that the predecessor of the Respondents herein fairly admitted that the suit may be decreed in respect of Survey No.137/2 and therefore there was no adjudication in respect of Survey No.137/4. 4. The challenge in the Second Appeal does not raise any substantial question of law. The Second Appeal is accordingly dismissed. All interim orders are vacated. In view of dismissal of the Second Appeal, the Civil Applications therein do not survive and are disposed of as such. [R.M.SAVANT, [R.M.SAVANT, [R.M.SAVANT, J] J] J]