1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 252 OF 2008 WITH CIVIL APPLICATION NO. 1606 OF 2008 Shubhangi Ramakant Kulkarni........Appellant versus Pune Municipal Corporation........ Respondents. Mr. S.A. Sawant with Ms. Gunjan Shah for the Appellant CORAM: RANJIT V. MORE, J. DATED : 20th NOVEMBER,2008. P.C.: 1. Heard the learned counsel for the appellant. The appellant/plaintiff filed regular Civil Suit no.1826/98 against the respondent for perpectual injunction restraining it from entering upon the suit property and carrying out any construction activity. The suit came to be dismissed. The trial court's decree was challenged before the lower Appellate Court by filing Civil Appeal No 584/01 and the same was confirmed. 2. Both the trial Court as well as first Appellate Court recorded the finding that the appellant/plaintiff could not prove legal titile and possession over the suit property. This finding was recorded on the basis of earlier judgment at Exh.28. In this 2 proceeding, the appellant/plaintiff claimed similar relief against Jagruti Mitra Mandal, its president and secretary. The issue in this proceeding that whether appellant proved her title and possession over the suit proeprty was framed and the same was answered in the negative. In that view of the matter I do not find any fault in the impugned judgment and decree. The lower courts below correctly appreciated the evidence and dismissed the appellant's suit. No question of law much less substantial question of law is involved in this appeal. Second Appeal is accordingly dismissed. 3. In view of the dismissal of the Second Appeal, Civil Application does not survive and the same is also dismissed. (R.V. More, J.)