IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE Second appeal No.1334 of 2005 with Civil Application No. 1767 of 2005 Vithal Yeshwant Patil deceassed by heirs; 1. Yeshwant Vithal Patil and others ..Appellants vs. 1. Dattu Yeshwant Jadhav and others ..Respondents Shri A.Y.Sakhare, Sr.Counsel i/b Shri K.S.Patil for appellants. Shri Madhav Jamdar for respondents. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 25th July, 2007 July, 2007 July, 2007 P.C. P.C. P.C. 1. Shri Jamdar says that second no.1334 of 2004 is identical in as much as the second appeal challenges the judgment and decree in favour of Dattu Yeshwant Jadhav decreeing his suit for injunction restraining the heirs of Vithal from disturbing his lawful possession. This is not disputed by Shri Sakhare appearing for the appellants. For the reasons stated in the order in second appeal no.1302 of 2005 this second appeal is also summarily dismissed since it is devoid of any merits. 2. In view of dismissal of the second appeal civil application does not survive and it is accordingly disposed of. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)