SA 646/05 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.646/2005 Shankarrao Vyankatrao, r/o Khandari Plot, Bhusaval Tq.Bhusawal Dist.Jalgaon. ...Appellant.. (Org.plaintiff) Versus The Union of India & two others. ...Respondents... (Org.defendants) ..... Shri V.D. Sapkal, Advocate for appellant. ..... CORAM: S.V. GANGAPURWALA, J. DATE: 09.12.2010 PER COURT : 1] Heard learned counsel for the appellant. SA 646/05 - 2 - 2] This is plaintiff’s second appeal. The plaintiff had filed the suit challenging his dismissal before the Civil Court. The trial Court dismissed the suit. The plaintiff preferred the appeal. The appellate Court also dismissed the appeal. The plaintiff has assailed the said judgments and decrees in the present second appeal. 3] Shri V.D. Sapkal, learned counsel for the appellant, contended that it was erroneous on the part of the Courts below to negative the claim of the present appellant. The earlier proceedings would not come in the way of the present appellant inasmuch as in a writ petition, the appreciation of evidence could not have been gone into and as such the present suit came to be filed. The learned counsel also further contended that the civil Court had the jurisdiction to entertain the suit and the decisions in earlier proceedings would not operate as res judicata. 4] With the assistance of the learned counsel for the appellant, I have gone through the judgments and decrees. It is a matter of record that the appellant was terminated from the services in the year 1983. The present suit was filed in the year 1990. On the face of it, the suit of the plaintiff is barred by limitation. The plaintiff had also resorted to the remedy under the relevant statute. After having failed up to the High Court, the present suit came to be filed. SA 646/05 - 3 - 5] The reasoning given by the Courts below do not suffer from any illegality or perversity. As such the second appeal is dismissed, however, with no order as to costs. (S.V. GANGAPURWALA, J.) ndk/c91210