1 262.10­sa bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 262 OF 2010 Shankar Gurupad Kurundwade ..Appellant Vs. Dhanpal Annaso Tare ..Respondent Mr.Vijay Kelledar for appellant. Mr.V.B.Rajure for respondent. CORAM : N.D.DESHPANDE,J . DATE : NOVEMBER 25, 2010 P.C. Heard. 2. The impugned order is against the concurrent findings recorded by both the Courts below. The appellant is original defendant No.2 and respondent is original plaintiff who had filed a suit for perpetual injunction in respect of the suit property in order to enjoy peaceful possession without any obstruction. Thus, the suit was neither for possession nor for title of the suit property, but for protection of possession and its enjoyment. 3. Perused the impugned judgment of the Trial Court and findings recorded therein. The concurrent findings are recorded in favour of the plaintiff­respondent herein about his lawful possession. The first appellate Court has also recorded the similar findings by elaborate discussion after considering the oral as well as documentary evidence. 2 262.10­sa 4. In Civil Suits the parties cannot go beyond their pleadings. The contention of the present appellant is that the suit property is the joint family property and they are in possession. The nature of the possession is not pleaded. The defendants’ contention was not accepted by both the Courts below from their respective pleadings. The defendants­appellant herein, in the written statement admitted that their father Gurupad had executed a sale deed in the year 1966 which according to them is a bogus and obtained fraudulently. As stated above, the suit or the claim of the plaintiff is not based on the title, but the dispute is restricted only to the possession. As mentioned above, the concurrent findings are recorded in favour of the plaintiff. Upon consideration of record and on perusal of both the impugned orders, no case is made out by the appellant. The Second Appeal is, thus, dismissed for want of substantial question of law. No order as to costs. (N.D.DESHPANDE,J.)