1 S/A No.339-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.339 OF 2010 Along with Civil Application No.101 of 2010 Smt.Tarabai Bajirao Dhamdhere .. Appellant Vs 1.Maruti Ganpat Bhaskar and ors .. Respondents Mr V.B.Tapkir, for the appellant. Mr. V.B.Nigot, for respondent nos 1(a) to 1(g) CORAM : D.B.BHOSALE, J. DATE : 01/10/2010 PC: 1. Heard learned counsel for the parties. 2. This Second Appeal is directed against the Judgment and order dated 15.4.2009 passed by the learned District Judge-II, Pune, allowing the appeal filed by the respondent-plaintiff and decreeing Regular Civil Suit No.170 of 1988. By this judgment, the judgment and order passed by the Civil Judge, Jr Dn, Ambegaon dated 11.9.1996, dismissing the suit, has been set aside. The appellant is defendant no.1, who claims to be purchaser of the suit property. Admittedly, he purchased the suit T 2 S/A No.339-09 property during pendency of the earlier suit, being Regular Civil Suit No.301 of 1974 filed by respondent no.1 for partition. That suit was decreed and in execution of the decree, possession of the suit property was delivered to respondent no.1-plaintiff by the Tahsildar, Ambegaon in 1988. The appellant claims that after he purchased the suit property in 1979 he was put in possession of the suit property and he was in possession till he was dispossessed in the execution proceedings. I have perused the judgment, which clearly shows that the plaintiff was in possession on the date of the suit. If the appellant-defendant has any right in the suit property and desires to assert his right on the basis of the sale deed that was executed in 1979, he has remedies available in law. In the circumstances, I find absolutely no merit in this appeal. No substantial question of law is either raised or involved in the Appeal. Hence, the Second Appeal is dismissed. The civil application also stands disposed of. (D. B. Bhosale, J.) 3 S/A No.339-09