1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 560 OF 2007 Shri Anant Bala Patil (Since deceased through legal heirs): 1A. Smt. Kamlabai Anant Patil & Ors. ... Appellants Vs. Shri Krishna Laxman Bhoir & Ors. ... Respondents Mr. Amol P. Mhatre, Advocate, for the appellants. Mr. Shivraj Patil i/b. Mr. Sandesh D.Patil,Advocate, for the respondent Nos. 1 to 3. CORAM; J.H.BHATIA, J. DATE 10th September, 2009. P.C. 1. Substantial questions of law arise in ground nos. 6 and 15 of the Appeal Memo. The Appeal is admitted on those two grounds. (J.H.BHATIA,J.) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION N. 991 OF 2007 IN SECOND APPEAL NO. 560 OF 2007 Shri Anant Bala Patil (Since deceased through legal heirs): 1A. Smt. Kamlabai Anant Patil & Ors. ... Applicants Vs. Shri Krishna Laxman Bhoir & Ors. ... Respondents Mr. Amol P. Mhatre, Advocate, for the appellants. Mr. Shivraj Patil i/b. Mr. Sandesh D.Patil,Advocate, for the respondent Nos. 1 to 3. CORAM: J.H.BHATIA,J. DATE : 14th September, 2009. P.C. 1. Heard the learned Counsel for the applicants. 2. The Second Appeal is admitted. 3. The plaintiff/appellant had filed the suit for injunction restraining the defendant/respondent from causing any interference in his possession over the portion of land out of Survey No.93/16 which is in his possession (excluding the 3 portion which is under encroachment of the defendants and about which the previous suit i.e. Regular Civil Suit No.77 of 1987 was filed). The trial Court decreed the suit. The appellate Court allowed the appeal of the respondent only on the ground that the injunction could have also been sought by the appellant in the previous suit. Prima facie, the reason given by the appellate court does not appear to be correct because there was no cause of action for seeking injunction in respect of the remaining property when the earlier suit was filed. That is why the Second Appeal is admitted on certain substantial questions of law raised. 4. For the aforesaid reasons, the Application is allowed in terms of prayer clause (b). However, status quo in respect of the structure of house consisting of ground + first floor and a “Khale”, existence of which is admitted in evidence, shall be maintained. Application stands disposed of. (J.H.BHATIA,J.)