ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO. 683 OF APPEAL NO. 683 OF APPEAL NO. 683 OF 2007 2007 2007 Shrirang Maruti Lawangare ...Appellant. Vs. Shivram Sitaram Pawar ...Respondent. Mr.P.B.Shah for the Appellant. Mr.N.V.Bandiwadekar for Respondent No.1. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 17th June, 2008 : 17th June, 2008 : 17th June, 2008. P.C. P.C. P.C. . This is a Second Appeal filed by the original plaintiff as the Trial Court decreed the suit partly and granted partition and separate possession of 1/2 share in the suit i.e. in property No.36 and further directed for appointment of the commissioner to take steps in accordance with law. The said proceeding is still pending. 2. The Appeal preferred by the Plaintiff is dismissed by the Appellate Court, by the impugned judgment and order dated 15/07/2002 and come to the conclusion that the plaintiff failed to prove that the defendant had constructed Gobar-Gas plant in common property and further the property was not described correctly. The ( 2 ) rest of the order remained intact as the Appellate court refused to interfere in the said order. At this stage of the proceedings, there is no dispute as observed by the Courts below that the plaintiffs and defendants are in Joint possession of the property. The issue of unauthorized construction of Gobar-Gas plant, is decided by the Appellate Court with the observations and in para 8 can be taken note by the Commissioner in the matter effecting the operation and separate possession of the property with regard to 1/2 share of the property. 3. This facet, therefore, at this stage just cannot be the reason for findings so arrived at and granted 1/2 share of the property to the respective parties. There is no perversity in the findings given by the Courts below. The Appeal is, therefore, dismissed. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)