: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.744 OF 2008 Chandrakant Dattatraya Jadhav ... Appellant V/s. Mahadeo Dattatraya Jadhav & Ors. ... Respondents Mr.V.B. Rajure for Appellant Mr.Chetan Patil for Respondent Nos.1A to 1E CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 18, 2010 P.C.: 1. The appeal is admitted on the following substantial questions of law: (a) Whether the Court below has properly considered and interpreted the provisions of Section 11 of the Code of Civil Procedure in the present case? (b) Whether the present suit is barred by res judicata under section 11 of the Code of Civil Procedure as has been held by the lower Court when the present suit is for possession based on title and earlier suit R.C.S. No.89 of 1982 was for perpetual injunction decided on the basis of possession only? 2. Mr.Patil, waives service on behalf of the respondent Nos.1A to 1E. : 2 : Vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.181 OF 2009 Mahadeo Dattatraya Jadhav & Ors ... Appellants V/s. Chandrakant Dattatraya Jadhav ... Respondent Mr.Chetan Patil for Appellants Mr.V.B. Rajure for Respondent Nos.1A,1B, 1D to 1F, 2A to 2C, 3A to 3E, 4A, 4B & 5 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 18, 2010 P.C.: 1. The appeal is admitted on the following substantial questions of law: a) Whether the appellate Court was right in concluding that the conclusion reached in the previous suit bearing No.89 of 1992 covered the dispute in the present suit when the present suit was for an injunction simpliciter? b) Whether the appellate Court was right in awarding shares to the appellant and his brothers and sisters by relying on the admissions of the appellant and the deceased Jaisingh in the previous suit bearing No.89 of 1992? 2. Mr.Rajure, waives service on behalf of the respondent Nos.1A,1B, 1D to 1F, 2A to 2C, 3A to 3E, 4A, 4B and 5. : 3 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.766 OF 2009 IN SECOND APPEAL NO.181 OF 2009 Mahadeo Dattatraya Jadhav & Ors ... Appellants V/s. Chandrakant Dattatraya Jadhav ... Respondent Mr.Chetan Patil for Appellants Mr.V.B. Rajure for Respondent Nos.1A,1B, 1D to 1F, 2A to 2C, 3A to 3E, 4A, 4B & 5 CORAM: SMT.NISHITA MHATRE, J. DATED: MARCH 18, 2010 P.C.: 1. Heard advocates. 2. The proceedings with respect to the partition may continue. However, no effect shall be given to that order till the present appeal is decided. 3. Civil application is disposed of accordingly.