vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.511 OF 2006 SECOND APPEAL NO.511 OF 2006 SECOND APPEAL NO.511 OF 2006 Devubai Madhav Lonare & Ors. ... Appellants V/s. Rakhamabai Nivrutti Lonare & Ors. ... Respondents Mr.G.S. Godbole for Appellant CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JULY 11, 2007 JULY 11, 2007 JULY 11, 2007 P.C.: P.C.: P.C.: . The Suit filed by the plaintiff for a declaration, possession and mesne profits was dismissed. An appeal therefrom was also dismissed. The defendant had raised cross objections which were dismissed by the lower appellate Court. The second appeal has been preferred by the defendant against the judgment of the lower appellate Court contending that certain findings of the trial Court were incorrect and, therefore, the Appellate Court ought to have allowed the cross objections. It is contended that these findings might be hurdle in proceedings which the defendants may institute and which would then be barred by res judicata. 2. A second appeal against such an order is not : 2 : maintainable against the dismissal of the cross objections in view of the judgment of the Supreme Court in the case of Deva Ram & Anr. V/s. Ishwar Chand & Anr., (1995) 6 SCC 733 (1995) 6 SCC 733 (1995) 6 SCC 733. In the case of Smt.Ganga Bai v/s. Vijay Kumar & Ors., (1974) SCC 393 (1974) SCC 393 (1974) SCC 393, the Apex Court has held that such findings would not operate as res judicata in any other proceedings which the defendant may adopt. 3. In view of the judgments in Smt.Ganga Bai v/s. Vijay Kumar & Ors., (supra) and Deva Ram & Anr. (supra), the appeal is dismissed.