:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE SECOND APPEAL NO.230 OF 2008 SECOND APPEAL NO.230 OF 2008 SECOND APPEAL NO.230 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.625 OF 2008 CIVIL APPLICATION NO.625 OF 2008 CIVIL APPLICATION NO.625 OF 2008 Raghunath Hindu Patil ...Appellant. v. Pandurang Vishnu Patil & Ors. ...Respondents. Mr.Tejpal S. Ingale , adv. for the Appellant. Mr.Bandiwadekar , adv. for the Respondent Nos.1(b), 1(d), 2 and 3. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 12TH August, 2008. DATE: 12TH August, 2008. DATE: 12TH August, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. The appellant before this Court is the original plaintiff. He had filed the Regular Civil Suit no.86 of 1993 for declaration of his title and the possession over the suit land bearing survey no.41/2 admeasuring 12 R situated at Natoli, Tal: Shirala, District: Sangli. The suit was dismissed on the ground that the plaintiff had failed to prove his title and lawful possession over the suit land on the date of the institution of the suit. His appeal was also dismissed. It appears that the plaintiff and the defendants are descendants of one Bhairu. According to the plaintiff, name of the respondent/defendant no.1 was recorded in the record of :2: rights as manager of the joint Hindu Family. In the order dated 24th March, 2008, (Coram:A.S.Oka, J.), it was observed that in view of the concurrent findings of the Courts below that the defendnats/respondents are in possession of the property, no case is made out for interference. However, the learned counsel for the appellant made a request that the confirmation of the judgment and decree passed by the Courts below should not come in a way of the plaintiff/appellant in filing a suit for possession on title and he wanted necessary clarification. In view of this submission, notice was issued to the respondents. 3. Now with consent of the learned counsel for both the parties, appeal stands dismissed with clarification that the judgment and decree passed by the Courts below or dismissal of this appeal shall not come in a way of the plaintiff filing a suit for possession and title or any other relief as may be advised. However, when such suit is filed, defendants shall be at liberty to take all the objections, which may be available under the law. 4. The appeal stands disposed off accordingly. :3: 5. As the appeal itself is disposed off, civil application no.625 of 2008 does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)