1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.1173 of 2005 With Civil Application No. 737 of 2007. Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri A.M. Gaddime, Advocate, for the appellant. Shr R.B.Deshmukh, Advocate, for Respondent No.1. Respondent No.1 is original plaintiff. He filed suit seeking injunction restraining appellant and respondent No. 2 from obstructing or disturbing is possession over plot Nos.18/19 out of block No.115 situated at village Arvi, Taluka Latur. 2. It is the case of the plaintiff that he purchased said plots by sale 2 deed dated 30.3.1990 from defendant No.1 who is present respondent No. 2 and still the appellants (defts. Nos. 2 to 6) were obstructing his possession). 3. The first appellate court held that Respondent No.1-Plaintiff is in possession and enjoyment of plot Nos. 18/19 and had passed decree of injunction in Regular Civil Appeal No. 65 of 2002 decided on 30.11.2004. The District court held that the plaintiff - respondent no. 1 has title and possession over the suit plots. Admittedly, defendant No. 5 has purchased part of plot No. 18 and 20 in 1994 by a registered sale deed. Since already plot No.18 is purchased by plaintiff and is in possession of the same, sale deed in favour of deft. No. 5 would not be useful. 4. Concurrent findings of fact regarding possession are record. The District court held the plaintiff to have proved his title over suit plots. 3 5. No substantial question of law arises in this second appeal. Hence, second appeal dismissed at admission stage itself. . Civil Application No.737 of 2007 does not survive in view of dismissal of second appeal No.1173 of 2005. 26/06/2009 pnd/sa1173.05 (P.R.Borkar, J.)