1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.694 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Pratap Patil for the Appellant. CORAM : ANOOP V. MOHTA,J. DATED : 03.06.2008 P.C. This is Second Appeal filed by the defendant as both the Courts, based upon the sale deed as well as material on record, held that the plaintiff is in lawful possession of the suit land and, therefore, granted a decree whereby the Appellant-defendant has been restrained permanently from causing the obstruction to the peaceful possession of the plaintiff over the suit property. Heard the learned counsel for the Appellant. He has strongly relied on the various aspects about 2 the validity of the sale deed in question. However, considering the averments made as well as the issues as framed, no such specific contention appears to have been raised before the trial Court. There is no such specific issue raised about the validity of the said sale deed also. Therefore, in this proceeding, as the limited question is only of lawful possession which both the Courts have taken note of and granted order against the Appellant, I see there is no case made out by the Appellant to interfere with the said finding of fact. Therefore, the Second Appeal is dismissed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]