1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Revision Application No.44 of 2010 (Ramesh s/o Chandu Pachave and others v. Pratap s/o Narayan Kudawale and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri N.B. Kalwaghe, Advocate for Applicants. Shri S.V. Sirpurkar, Advocate for Respondent Nos.1 to 6. Coram : R.K. Deshpande, J. Dated : 25 th October, 2010 This civil revision application has been preferred challenging the judgment and decree passed by the Trial Court in Regular Civil Suit No.449 of 2005 on 21-12-2006, which has been confirmed in Regular Civil Appeal Nos.56 and 70 of 2007 by the learned Ad hoc District Judge-5, Nagpur. Respondent Nos.1 to 6 are the original plaintiffs and they had filed Regular Civil Suit No.449 of 2005 for declaration and permanent injunction in respect of the suit property. An issue was framed as to whether late Smt. Deokabai was the daughter of late Nilkanth s/o Hulsi Kudawale. It was answered in the negative. Another issue was framed as to whether the suit in the present form was maintainable. The same was also answered in the negative. Ultimately, the Trial Court dismissed the suit. 2 Regular Civil Appeal No.56 of 2007 was preferred by the plaintiffs, whereas Regular Civil Appeal No.70 of 2007 was preferred by the defendants. The Appellate Court, by its common judgment and order dated 29-9-2009, dismissed both the appeals, maintaining the judgment and decree passed by the Trial Court. The present civil revision application has been preferred by the defendants challenging the finding recorded by the Trial Court on the issue as to whether late Smt. Deokabai was the daughter of late Nilkanth s/o Hulsi Kudawale. The said finding was answered in the negative and the same was against the defendants. This finding is maintained in appeal also. The Trial Court dismissed the suit on the ground that the same is not maintainable. In view of the fact that the suit filed by the respondents/plaintiffs has been dismissed on the ground that the same is not maintainable, the question of any finding recorded in such a suit against the defendants would not come in the way of the defendants in the proceedings filed subsequently. In view of this, there is no substance in the instant civil revision application and the same is, therefore, dismissed. Judge pdl