: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.133 OF 2010 ALONGWITH CIVIL APPLICATION NO.365 OF 2010 Arunkumar Dinkarrao Salunkhe, Decd., Thru’ Sunita A. Salunkhe & Ors. .. Appellants V/s. Ganpati Gundopant Kamat .. Respondent Mr. Surel S. Shah for the Appellants. Mr. R.M. Pethe for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 31 ST MARCH, 2010. P.C.: 1. The Second Appeal has been filed against the concurrent findings of facts recorded by the Civil Judge, Junior Division Kagal on 22nd April, 1999 in Regular Civil Suit No.137 of 1989 and confirmed by the District Court, Kolhapur on 3rd July, 2009 in Regular Civil Appeal No.200 of 1999. The respondent-plaintiff had filed a Suit for an injunction against the appellants in respect of the suit property, as described in the plaint, i.e. C.T.S. No.492 except the latrine, refuse collector : 2 : tank and open space surrounding the latrine. The Suit has been decreed and the defendants were perpetually restrained from obstructing the plaintiff’s peaceful possession of the suit property. The Appellate Court has confirmed this finding. 2. In my view, no substantial question of law arises in the present proceedings and, therefore, the Second Appeal is dismissed. 3. In view of the above, Civil Application No.365 of 2010 pending in the Second Appeal does not survive and the same is dismissed as infructuous.