1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1275 OF 2004 WITH CIVIL APPLICATION NO.1722 OF 2004 Shri Dashrath Dattatray Khandekar .... Appellant Vs. Shri Vasant Dattu Chalke & Ors. .... Respondents Mr.D.B.Lonkar, Advocate for appellant. None for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 23rd November, 2009 P.C. 1. This Second Appeal arises out of concurrent findings of the Courts below, that the respondents who are original plaintiffs are in possession of the suit properties. Respondents had also claimed that they are the owners of the suit property. However, this claim was disbelieved and the courts below granted limited relief for protection for possession of respondents against any forcible action by the appellants. It is complained on behalf of the appellants that taking disadvantage of the impugned judgment and decree, the respondents have been obstructing possession of the appellants over their portion of the suit premises. As per the record, both are in possession of two portions of the suit land. The portion in possession of respondents is described at paragraph 1(a) and (b) of the plaint. Admittedly the appellants have since filed suit for possession against the respondents, 2 which is pending for hearing. There is no substantial question of law arising for consideration of the Court in the appeal. Hence, the Second Appeal is dismissed. 2. In view of dismissal of the Second Appeal, the Civil Application No.1722 of 2004 does not survive, the same is accordingly dismissed. (SMT.R.P. SONDURBALDOTA,J)