1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 486 OF 2008 Ramesh Piraji Shelar ........Appellant versus Smt. Chandrabai Laxman Shelar & ors........ Respondents. Mr. D.K. Bhalke i/b V.S. Talkute adv. for the Appellant Mr. T. Pise adv. for the respondents 1 to 4. CORAM: RANJIT V. MORE, J. DATED : 05th DECEMBER,2008. P.C.: 1. Heard Mr. Talkute learned counsel for the appellant and Mr.Pise for the respondent. 2. The appellant is the original defendant and the respondent is the Plaintiff. The regular civil suit No.1413/00 for injunction simplicitor decreed by the trial court and the appellant's appeal before the lower appellate court was dismissed and hence the present second appeal. 3. Both the lower courts below concurrently held that the respondent/plaintiffs are in exclusive legal possession of the suit property on the date of filing of the suit. This finding of fact was recorded after appreciation of evidence on record. The appreciation cannot be said to be perverse. No question of law much less substantial question of law is invovled in this second 2 appeal. 3. Mr. Talkute contended that the parties are related and the appellant/defendant has filed suit for partition. So far as the present proceedings are concerned the respondent/plaintiff denied that there exist any relationship between the parties. The appellant/respondent has not produced any evidence so as to substantiate his contention in this regard. Needless to mention that the impugned judgment and decree will be subject to the outcome of the partition suit filed by the appellant/defendant. Subject to above observations the second appeal is dismissed. (R. V. More, J.)