1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4391 OF 2003 IN SECOND APPEAL STAMP NO. 5261 OF 2001 Babasaheb S/o Haribhau Barkule .. .. Applicant Versus 1. Bhagaram S/o Tatyarao Barkul and others .. .. Respondents Shri K. S. Chavan, Advocate for the Applicant – absent. Shri N. K. Tungar, Advocate h/f Shri P. V. Mandlik, Senior Counsel for the Respondents No. 1 to 3. CORAM : N. D. DESHPANDE, J. DATE : 26TH NOVEMBER, 2009. ORAL ORDER : 1. None present applicant/appellant. Shri Tungar the learned counsel for the respondents is present. This is an application for restoration of second appeal which was dismissed in default and for recalling the order passed by Additional Registrar who refused the registration of second appeal and Civil Application Stamp No. 5662/2001 by condoning the delay. 2. The application was filed on 05.06.2003. There is considerable delay for such application. Moreover none is present 2 for the applicant/appellant. It appears that the applicant is not interested to proceed further with the matter. I have gone through the synopsis. The appellant is the original plaintiff who filed the suit against the defendant who are respondents here for perpetual injunction restraining them from interfering in the plaintiffs open space house No. 90/1 admeasuring East-West 40 and South-North 45 feet surrounded with boundaries mentioned in the plaint situated at Khadvi, Taluka Partur. 3. However, the said decree of the Trial Court of perpetual injunction was set aside and the appeal of the defendants/respondents was allowed by the First Appellate Court, i. e. Additional District Judge, Jalna by its judgment and decree dated 08.12.2000. Thus it is seen that, the dispute is not substantial claim, but only for the injunction simplicitor to protect possession. As such, no substance is found in the application for restoration and for setting aside the order of refusal of registration as prayed. The civil application stands dismissed on its merits and after hearing the submissions of Shri Tungar, the learned counsel for the respondents. The civil application is accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Nov.09