1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 542 OF 2004 Kishan s/o Hanwata Phad & others .. APPELLANTS VERSUS Shankar s/o Sambhaji Phad & others .. RESPONDENTS Mrs. M.A. Kulkarni, Advocate for the appellants. Mr. M.M. Auhad, Advocate for respondent no. 2. Respondent no. 4 deleted. ===== CORAM : R. M. BORDE, J. DATE : 5 th October, 2009. PER COURT : 1 This is an appeal by original plaintiffs raising exception to the concurrent judgments recorded by the courts below. 2 Learned counsel appearing for the appellants has invited my attention to decision rendered by this court in Second Appeal no. 1064/2004. This court was pleased to dispose of the second appeal as withdrawn which was presented by the respondent herein. Defendants herein had presented Regular Civil Suit no. 338/1989 claiming their entitlement to an area to the extent of 8 acres and 29 gunthas which is disputed property in the instant litigation also. Claim raised by defendants in respect of their entitlement to 2 the property had been turned down by the trial court. Appeal presented by plaintiffs against the decree passed by the trial court has been dismissed by the first appellate court. Defendants herein presented second appeal raising challenge to the decree passed by the courts below being Second Appeal no. 1064/2004 which came to be withdrawn by them on 16-3-2009. Learned counsel for the appellants contends that issues raised in the instant civil proceeding have already been answered by the competent court while dealing with the dispute in Regular Civil Suit no. 338/1989. Said suit was between the same parties and in respect of the same subject matter. In view of determination of issues involved in the litigation, while dealing with Regular Civil Suit no. 338/1989 which has attained finality in disposal of Second Appeal no. 1064/2004, said questions / issues need not be re- considered once again while dealing with the instant second appeal. In the light of these facts, appeal stand disposed of. 2 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/ sa542.04.odt