1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.630 OF 2007 Shri Sadashiv Janku Shelar ...Appellant V/s. Smt. Muktabai Gundajii Kshirsagar & ors. ...Respondents Mr.E.R.Naik for the appellant Mr.Ashok Gade for respondent nos.1,2,3,9,10,24,25 CORAM : ANOOP V. MOHTA,J. DATED : 23rd June, 2008 P.C. . Both the Courts after considering the material on record and basically the fact of dismissal of the earlier Suit NO. 1708/1983 filed by the appellant herein, against all the defendants and as there was no permission sought from the Court to file a fresh suit, therefore, it was held not maintainable. 2. The second aspect of declaration of sale deed of the year 1985-86 as sought, is beyond limitation and further as the plaintiff failed to prove that the property mentioned in para-1 of the plaint is an ancestral property and, failed to prove that the sale deed is null and void in the facts and circumstances of 2 the case the, impugned judgment cannot be said to be perverse and/or contrary to the record. 3. Some of the revenue record entries as sought to be contended by the learned counsel appearing for the appellant is noway sufficient to prove the findings so arrived at by the Courts as the plaintiff failed to prove his case even based upon the suit for want of material evidence. Such revenue entries are not sufficient to take a declaration as sought for in the present matter. In view of this, present second appeal is dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]