1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SA No. 2 of 2009 Sharad and ors v. Smt Parveen and anr -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr V.S. Deshpande, Adv for appellants Mr J.C. Shukla, Adv for respdt no.1. Coram : A.P. Bhangale, J Dated : 30.6.2010 1. Respondent no.1 filed suit being RCS No. 281 of 1995 against present respondent no.2 for declaration and permanent injunction. Appellant was later on impleaded as party-defendant no.2 who by his Written Statement claimed that due to opening gallery by plaintiff on the side of his house, plaintiff had created nuisance for him and for his family. 2. Learned 5th Joint Civil Judge, JD, Nagpur decreed suit by judgment and order dated 29.8.2003 as against defendant no. 2 Corporation. Original defendant no.2 preferred appeal. Respondent no.1/plaintiff made a statement that he had not claimed any relief against present appellant and the appeal was accordingly dismissed by the lower Appellate Court. 3. In the present appeal filed by legal representatives of Pandurang (original defendant no.2), learned counsel appearing for 2 respondent (original plaintiff) maintains the statement that respondent no.1 was never interested to claim any relief against appellants’ father nor she has any grievance against the appellants. In view of the statement made and in the backdrop of the situation, no substantial question of law arises in the second appeal and the same is dismissed in limine with no order as to costs. It is, however, made clear that in case of accrual of any cause of action in favour of appellants, they are at liberty to take recourse of remedy as is available to them in law. Judge. Hsj