( 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 APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ SECOND APPEAL NO.150 OF 2009 SECOND APPEAL NO.150 OF 2009 SECOND APPEAL NO.150 OF 2009 Mohamad Yasin Manjur Ahmed ..Appellant V/s. Kulsumbi w/o Munshi Mohd.Salim since deceased per LRs. 1. Sabra Khatun Bint Munshi Mohd. Saban and Ors. ..Respondents ...... Mr.Anilkumar Patil for appellant None for respondents ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 20th April, 2009 DATED : 20th April, 2009 DATED : 20th April, 2009 P.C.: P.C.: P.C.: 1. The decree for possession came to be passed and at the stage of execution. The present appellant obstructed the execution of the decree and that application was heard and decided by learned Joint Civil Judge, Junior Division, Malegaon, Nashik and the said application was rejected by order dated 18th November, 2008 against which the present appellant filed Civil Appeal No.14 of 2009. That Appeal came to be dismissed on merits by judgment and decree dated 18th February, 2009 passed by District Judge-2, Malegaon, District Nashik against which this Second Appeal is filed. 2. Heard learned advocate Mr.Patil for the ( 2 ) appellant. There is a concurrent finding on material point as regards authoirty of the appellant to obstruct the execution. The present appellant claimed to be the grandson of original plaintiff No.4 Mohamad Lal Mohamad Momin. The Courts below have observed that the during the lifetime of grand father the present appellant could not stake claim in the property, which was the subject matter of decree. In any case, considering the nature of the decree there was no question of present appellant obstructing to it. Both the Courts have considered the entire matter in the proper perspective and no substantial question of law could be raised in the present appeal. Hence, second appeal is required to be dismissed at the stage of admission. Hence, the following order :- ORDER ORDER ORDER . The Second Appeal is dismissed at the stage of admission with no order as to costs. In view of the dismissal of the appeal, Civil Application No.623 of 2009 is dismissed with no order as to costs. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)