1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 601 OF 2008 Hari Krishna Karake & anr ........Appellants versus Yashwant Ramchandra Pawar........ Respondent. Mr. S.A. Rajeshirke for the Appellants CORAM: R. V. MORE, J. DATED : 10th OCTOBER, 2008. P.C.: 1. Heard Mr. Rajeshirke learned counsel for the appellant. This is defendant's second appeal. Respondent/plaintiff's suit for injunction simplicitor was dismissed by the trial court. However, in appeal, the lower appellate court decreed the same. 2. The trial court dismissed the suit on the ground that the description of the suit property given in the plaint does not tally with the description given in the sale deed under which respondent/plaintiff claims to have purchased the suit property. The respondent at the appellate stage amended the pleadings and thereby corrected the description of the suit property given in the plaint. 3. Mr. Rajeshirke submitted that by this second appeal he has challenged the order granting amendment also under the 2 provisions of section 105 of CPC. However, in my view the amendment sought by the respondent/plaintiff before the lower appellate court is neither inconsistent nor contrary with his original pleading and the same was rightly granted by the lower appellate court. 4. The lower appellate court held that the respondent/plaintiff not only proved ownership but also possession over the suit property,. This finding of possession in favour of the respondent cannot be interfered with in the second appeal. The appeal is therefore devoid of any merit and the same is accordingly dismissed. 5. In view of the dismissal of the second appeal, civil application does not survive and it is also dismissed. (R.V. More, J.)