1 827.11-ao IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 827 OF 2011 Shri Ratikant Shankarappa Patil and another. ... Appellants. V/s. Shri Mahadev Shankar Donage and another. ... Respondents. R.S.Alange for the appellants. A.A.Garge for respondent No.2. CORAM: R.M.BORDE, J. DATED : 16th November 2011. P.C. : An application seeking injunction at Exh.5 has been rejected by the trial Court vide order dated 28th February 2011 and the said order is a subject matter of challenge in this appeal from order. It is pointed out that the appellant had presented Regular Civil Suit No. 163/1994 claiming a decree of injunction. The said suit came to be dismissed, against which, an appeal was preferred. However, the said appeal was also dismissed. Second Appeal No.663/2008 filed by the appellant challenging the order of dismissal of appeal also came to be dismissed by this Court. S.L.P. presented against the said order being SLP No.11857/2010 has also been dismissed. There is a finding of fact to the effect that that the plaintiff has failed to establish the possession in respect of disputed property recorded in the suit which has been 2 827.11-ao confirmed up to the Apex Court. In this view of the matter, the trial Court was justified in turning down the application at Exh.5 presented by the appellant/ original plaintiff. No case is made out to interfere with the impugned order. Appeal is devoid of any substance. 2. In the result, appeal is dismissed. In view of dismissal of appeal from order, pending civil application does not survive and stands disposed of accordingly. (R.M.BORDE, J.)