IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.39 OF 2010 WITH CIVIL APPLICATION NO.95 OF 2010 Lahu Nana Dethe and ors. ..Appellants. Vs. Mahadeo T.Thorat since deceased through L.R.s. ..Respondents. Mr. S.V.Dhakephalkar for the Appellants. CORAM : R.S. MOHITE, J. DATE : 18th February, 2010 PC : 1 This is a second appeal filed by the original defendants. The plaintiff filed a suit for injunction. During the pendency of the suit in the year 2000 the plaintiff amended his plaint and added alternate prayer for grant of possession. Suit in so far as alternate prayer for possession has been decreed by the trial court and the decree has been confirmed by the appellate court. Only point raised is that since the amendment was allowed after the period of 12 years prayer for grant of possession may be held as illegal. There is no substance in this contention as the present appellant has never contended that his possession was adverse to that of the plaintiff. In such a situation Article 65 of the Limitation Act which is referred to could not be attracted. No substantial question of law arises. Hence, appeal is summarily rejected. CIVIL APPLICATION NO.95 OF 2010 1 As the main appeal is dismissed, civil application does not survive and the same is also dismissed. ( R.S. MOHITE, J.)