-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION SECOND SECOND SECOND APPEAL APPEAL APPEAL NO.1103 OF 2006 NO.1103 OF 2006 NO.1103 OF 2006 Dnyandeo S. Divekar and ors. ...Appellants v/s The State of Maharashtra and ors. ...Respondents Mr Shriram Kulkarni for Appellants. None for Respondents. CORAM : D.K. DESHMUKH J. DATE : 20TH JULY 2007. -2- P.C. :- 1. The cause of action on which the suit for mandatory injunction was filed was damage to the water channel. The cause of action for filing the present suit for damages is also the damage to the water channel. Therefore, the Courts below, in my opinion, have rightly held that the suit is barred by the provisions of Order 2 Rule 2 of C.P.C. No substantial question of law arises. Appeal is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary as true copy. . Certified copy expedited. ------------------