1 sa278.08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 278 OF 2008 WITH CIVIL APPLICATION NO. 1600 OF 2007 IN SECOND APPEAL NO. 278 OF 2008 Sou. Shilavati Pandurang Kolekar & Ors. ....Appellants. Vs. Shri Bhau Hira Shendge & Ors. ....Respondents. Mr. A.P. Kulkarni for the Appellants. Mr. K.B. Sonwalkar for the Respondents. CORAM : ANOOP V. MOHTA, J. DATE : 23rd September, 2010 P.C.: Appellant Nos. 1 and 3 are the daughters of deceased Babu Baba Shendge. Appellant No. 2 is the husband of Appellant No.1. Respondents are the heirs of Hira Baba Shendge who was a real brother of deceased Babu Baba Shendge. 2 The basic suit was for injunction, revolving around Gat No. 188, as well as Gat No. 199 situated at village Vatluj, Tal. Daund, District Pune. Both the parties are claiming respective rights over the said property being the legal heirs of the deceased brothers, as referred above. The respective 2 sa278.08.sxw rights, even if any, of the property need to be adjudicated by filing separate suit for partition. In an injunction suit, such aspect of ownership/partnership/ heir-ship of the property cannot be adjudicated, which goes to the root of deciding such matters, including grant of injunction. Respective possession, even if any, cannot decide the ownership of the property in such suit for injunction. 3 The learned counsel appearing for the Appellants seeks permission to withdraw the present Second Appeal with liberty to file suit for partition and to get the rights adjudicated, accordingly. 4 The learned counsel appearing for the Respondents have no objection for withdrawal of this Second Appeal, however, contended that all points should be kept open including of res-judicata and limitation. 5 In view of above, the present Second Appeal is permitted to be withdrawn, with no order as to costs. All points are kept open for all the parties. 6 In view of above, the Civil Application is also disposed of. (ANOOP V. MOHTA, J.)