gst 1 Sa87.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO. 87 OF 2010 Shankar Bapu Mote since deceased through legal heirs Vimal Shankar Mote & Ors. ... .... ..... ...Appellants. V/s Shivaji Krishna Ahir & Ors. .... ..... ..... ..Respondents. Mr.A.V.Anturkar, Sr. Adv. i/by Mr.S.B.Deshmukh, Adv. For the appellants Mr.J.Shekhar, Adv. For respondent Nos. 1 & 2. CORAM: B.R.GAVAI, J. 8th September, 2010. PC: Admit on following substantial question of law: 1) As to whether the predecessor-in-title of the present applicants will have to be considered as having surrendered his tenancy rights in as much as though the application for surrender was prior to 1.4.1957, the verification thereon and the actual order by the Aval Karkun was subsequent thereto i.e. 27.8.1957. gst 2 Sa87.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO. 1375 OF 2010 IN SECOND APPEAL NO. 87 OF 2010 Shankar Bapu Mote since deceased through legal heirs Vimal Shankar Mote & Ors. ... .... ..... ...Appellants. V/s Shivaji Krishna Ahir & Ors. .... ..... ..... ..Respondents. Mr.A.V.Anturkar, Sr. Adv. i/by Mr.S.B.Deshmukh, Adv. For the appellants Mr.J.Shekhar, Adv. For respondent Nos. 1 & 2. CORAM: B.R.GAVAI, J. 8th September, 2010. PC: In view of concurrent findings of the plaintiff being in possession, no case is made for interference. Hence application stands rejected. Learned counsel for the respondents waives service.