( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 251 OF 2009 Lalasaheb Bapu Kokate Since deceased by L.Rs. Ramrao Lalasaheb Kokate and others. APPELLANTS VERSUS Baburao Madhavrao Chavan and others. RESPONDENTS ..... Mr. Vivek Bhavthankar, advocate for the appellants. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th November, 2009] PER COURT : 1. Heard learned counsel for the appellants. 2. The suit (R.C.S. No. 168/1983) was filed for possession of eastern 7 acres 11 gunthas portion out of land Gut No. 136 and for perpetual injunction regarding western 7 acres 10 gunthas land thereof. The suit came to be dismissed on the ground that the deceased plaintiffs failed to prove their title and lawful ( 2 ) possession. The first Appellate Court confirmed the findings while dismissing the appeal (R.C.A. No. 17/1999). Both the Courts below have rendered findings of fact. No substantial question of law is involved. In view of “Arumugham (dead by L.Rs.) and others v. Sundrambal and another” (AIR 1999 S.C. 2216) and “Kashmir Sing v. Harnam Sing and another” (AIR 2008 S.C. 1749), the second appeal is not maintainable as it falls outside the scope of section 100 of the Civil Procedure Code and as such, it is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/sa251-09