:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.345 OF 2008 WITH C.A.NO.906/2008 WITH SECOND APPEAL NO.346 OF 2008 WITH C.A.NO.907/2008 Shripati Parvati Yadav @ Daund. ..Appellant. Vs. Baba @ laxman Parvati Yadav @ Daund. ..Respondents. Mr.N.P.Deshpande for the Appellant. Mr.P.V. Sawant for the Respondent No.1. CORAM : R.S. MOHITE, J. DATE : 05th May, 2008. P.C. P.C. P.C. 1. Since the aforesaid appeals impugns the common judgment and order, both the appeals are disposed off by this common order. 2. The suit filed by the original plaintiff is pertaining to declaration that the gift deed executed by his aunt in favour of his real brother was not legally binding upon him. He also sought injunction and declaration to the effect that the partition deed dated 20.3.1984 be declared as valid and subsisting. Considering the evidence and facts on record the trial court dismissed the plaintiff’s suit but granted injunction in respect of one land bearing Gat No.704. That injunction was granted on the footing that by a decree passed in R.C.S.No.119/1954, the said land was :2: given to the aunt who was defendant no.3 in the said suit. This finding was reversed by the appellate court on the footing that the subject matter of R.C.S.No.119/1954 were lands bearing No.205/5, 210/4, 211/8, 212/5, 212/7 and 210/3 have been referred to consolidation extract (Exh.124). The Appellate Court has also concluded that Block No.704 did not form any part of the suit land in the aforesaid suit and therefore, there was no compromise decree in respect of the said land.That being the factual position, there is no substantial question of law involved in the aforesaid appeals and therefore, both the appeals are dismissed. C.A.NO.906 OF 2008 IN S.A.NO.345 OF 2008 WITH C.A.NO.907 OF 2008 IN F.A.NO.346 OF 2008 1. As the appeals are dismissed, the aforesaid civil applications are also dismissed. (R. S. MOHITE, J.)