: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.276 OF 2009 Pushpasen Jagannath Patil & Ors. ... Appellants V/s. Prfulchandra Vitthal Bilaye & anr. ... Respondents Mr.K.S. Dewal for Appellants Mr.Uday Warunjikar for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 5, 2009 P.C.: 1. The Second Appeal has been filed against the judgment and order in Civil Appeal No.218 of 2006. By this judgment, the appellate Court has confirmed the order passed by the trial Court on 28.7.2006. The respondent had filed the suit before the trial Court for a declaration and injunction against the defendants i.e. the appellants herein in respect of the lands bearing Gat No.896/B and Gat No.896/A-2. The trial Court on the basis of the evidence led before it has held that the respondents had proved their title to the suit property and therefore, granted a permanent injunction. 2. The appellate Court has, as stated earlier, confirmed this finding. The learned advocate for the appellants attempted to contend that in Regular Civil Suit No.57 of : 2 : 2001 filed by the appellants against the respondents the trial Court i.e. the III Joint Civil Judge, Junior Division, Alibag had decreed the suit in favour of the appellants with respect to the same property. However, on perusing the judgment in the aforesaid Suit No.57 of 2001, it is amply clear that the suit was in respect of gat No. 896/A-1 and not in respect of the lands involved in the present appeal. 3. There are concurrent findings of fact recorded by both the Courts below indicating that the respondents are the owners of the suit lands and are in possession of the same. There is, therefore, no substantial question of law involved in the present appeal which requires consideration by this Court. 4. Appeal dismissed. 5. In view of the appeal itself being dismissed, nothing remains in the Civil Application No.541 of 2009 and the same is disposed of accordingly.