: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.976 OF 2007 SECOND APPEAL NO.976 OF 2007 SECOND APPEAL NO.976 OF 2007 Dhondiba Tukaram Pathare & Anr. ...Appellants V/s. Dnyanoba Sadba Kodre & Anr ...Respondents Mr.G.S. Godbole, Advocate, for the Appellants. Mr.U.B. Nighot, Advocate, for Respondent No.1. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 17TH JANUARY, 2008. DATE : 17TH JANUARY, 2008. DATE : 17TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. Mr.Godbole appearing for the appellants-plaintiffs invited my attention to the finding recorded by the Courts below on the issue of title in favour of the appellants. He has also invited my attention to the finding recorded by the Appellate Court on the point for determination No.2. He pointed out that finding of the Courts below is that though the title and possession of the appellants-plaintiffs over the suit property is duly established, any obstruction at the hands of the defendants is not established. In view of this finding, he seeks permission to withdraw this Second Appeal with a liberty to file a fresh suit for injunction in the event in future there is any obstruction by the defendants to the possession of the : 2 : appellants over the suit property. 2. The finding of the Appellate Court is that the appellants have established their title and possession, but obstruction by the respondents is not proved. 3. Hence, the request made is reasonable. Accordingly, the Second Appeal is dismissed as withdrawn with liberty as prayed. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]