1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.992 OF 2007 WITH C.A. NO.1813 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.S.G.Damle i/b.Mr.Sanjay S. Gacode for the appellant. Mr.A.S.Khandeparkar i/b.Mr.Datta H.Pawar for the respondents. CORAM : ANOOP V. MOHTA,J. DATED : 03.04.2008 P.C. In a Suit for the relief for simplicitor injunction restraining the defendants from obstructing and interfering the peaceful possession of the plaintiffs over the suit land, both the courts have come to a clear conclusion that the plaintiffs proved their possession over the suit property and further held that the plaintiffs proved that the defendants caused obstruction to the peaceful possession over the suit property. This finding, as arrived 2 at by the lower court and confirmed by the Appellate Court, based on the evidence and material placed on record, cannot be said to be perverse merely because, as contended by the learned counsel for the appellant, that the tenancy issue is still pending before the appropriate court. The issue of tenancy unless attained finality, at this stage, the finding as arrived at is within the frame work of law and the record. The another facet is to the challenge to the sale deed in question i.e. dated 18.2.1999 which is in favour of the plaintiff, admittedly has attained finality. Taking all this into account, I am of the view that there is no substantial question of law involved in the matter at all. The concurrent finding as arrived at therefore need no interference. However, subject to the decision of 3 tenancy right liberty is granted to take appropriate proceeding in accordance with law. The appeal is accordingly dismissed. In view of dismissal of second appeal, civil application no.1813/2007 is also dismissed accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]