: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 APPELLATE JURISDICTION SECOND APPEAL NO.23 OF 2008 Shri. Keshav B. Mohite. ..Appellant. Vs. Smt.Radhabai H. Tendulkar and ors. ..Respondents. Mr.R.T.Deoghare for the Appellant. Mr.U.J.Makhij, Sr. Counsel i/by Mulla & Mulla for the Respondent Nos. 3 to 6. CORAM: R.S. MOHITE, J. DATE : 23rd June,2008 P.C. P.C. P.C. 1. This is a second appeal filed by the original plaintiff. His suit for specific performance of the agreement dated 17.4.1974 was dismissed by the trial court. Immediately after execution of the agreement, on 28.5.1974 the defendants by their letter intimated inability to perform the contract. The agreement itself provided term for 1.1/2 months for execution of the sale deed. The suit was filed after over period of 12 years 9-months and 8 days. It is sought to be contended that the Respondent No.2 had filed suit against the Respondent No.1 and 3 to 6 in respect of the part of the property mentioned in the agreement dated 17.4.1974. That litigation was continued for several years and the plaintiff filed the suit for specific performance within 81 days of the judgment of the Appellate Court in that litigation. Both the courts have held that this cannot save the limitation. The suit of :2: the plaintiff is covered by Article 54. The said suit was not for possession. The contention of the counsel that the suit is covered under Article 65 has no substance. There is no substantial question of law in the appeal. Hence, second appeal is dismissed. (R.S. MOHITE, J.)