1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 426 OF 2008 WITH CIVIL APPLICATION NO. 1733 OF 2008 Dilip Sopan Shendage (since deceased through L.Rs.) ........Appellant versus Vithal Pandurang Shendage & ors........ Respondents. Mr. S.S. Patwardhan adv. for the Appellant Mr. A.M. Kulkarni adv. for the respondent no.1 CORAM: RANJIT V. MORE, J. DATED : 03rd DECEMBER,2008. P.C.: 1. Heard Mr. Patwardhan learned counsel for the appellant and Mr. Kulkarni for the respondent no.1. The appellant is the original plaintiff. His suit for perpetual injunction against the respondent in respect of 10 gunthas land at Gat no.2082 is dismissed by the trial court. The lower appellate court confirmed this decree. Hence the present Second Appeal. 2. Both the lower courts below concurrently held that appellant/plaintiff could not proved his exclusive title to the entire land. It was further concurrently held that plaintiff also failed to prove his exclusive possession of the suit land. The predecessor 2 in title of the plaintiff in the year 1944 purchased the area of 2.25 gunthas. The balance area i.e. 7.75 gunthas alleged to have purchased by Predecessor in title in the year 1971 from Babasaheb Kondiba Olekar. So far as land admeasuring 2.25 gunthas, which is subject matter of the sale deed of 1944 , there is no dispute and appellant's predecessor in title has become owner of this area. So far as the area of 7.75 gunthas which was subject matter of sale deed of 1971 is concerned, the courts below held that this sale deed was executed by one Babasaheb Kondiba Olekar who had share of 8 paise only in suit property. In these facts and circumstances, I am of considered view that the lower courts below, rightly refused to grant injunction in favour of the appellant/plaintiff. No question of law much less substantial question of law is involved. Second appeal is accordingly 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.)