1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 842 OF 2006 WITH CIVIL APPLICATION NO. 1340 OF 2006 Gulam Mohinuddin Mohammad Hussain Patel & another ........Appellants versus state of Maharashtra & ors........ Respondents. Mr. Arvind P. Joshi adv. for the Appellants Mr. S.V. More AGP for the respondents CORAM: RANJIT V. MORE, J. DATED : 03rd DECEMBER,2008. P.C.: 1. Heard Mr. Joshi learned counsel for the appellant and Mr. More AGP for the respondent nos. 1 and 2. The appellant is original plaintiff. His suit against respondent praying for perpetual injunction restraining any obstruction to his possession is dismissed by the trial court. The trial court's decree is confirmed by the lower appellate court. Both the lower courts below concurrently held that the appellant/plaintiff have no cause of action to file this suit. The contention of the appellant is that the respondent no.2 has given notice for demolision of hotel, of respondent no.3/defendant no.3. Thus it is clear that the notice 2 pertains to unauthorised construction of respondent/defendant no.3. The lower appellate court recorded the finding that plaintiff has no interest in pakka construction of respondent no.3/defendant no.3. It was also observed that the respondent no.3/defendant no.3 already filed suit challenging the notice and the same was dismissed. Even his appeal is also dismissed. In these facts no question of law much less substantial question of law is involved in the second appeal. Appeal is therefore dismissed. 3. In view of the dismissal of the second appeal, civil application does not survive and the same is also dismissed. (R. V. More, J.)