1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.183 OF 2009 Tukaram Kusha Rahate .. Appellant. Vs. Gangaram Sakharam Irmal .. Respondent. Smt.Anjali Helekar for the appellant. Mr.S.G.Karandikar for the respondent. CORAM : D.B.BHOSALE, J. DATED : 07/10/2010. PC: 1. This second appeal is directed against the judgments and orders passed by the courts below dismissing the suit filed by the appellant-plaintiff. The appellant-plaintiff had filed a suit for injunction simplicitor. Both the courts below after having considered the material/evidence on record held that the respondent-defendant is in actual possession of the suit property. The defendant claims to be a tenant in the suit property. This court is informed that the tenancy proceedings initiated by the respondent-defendant under section 70(b) of the Bombay Tenancy and Agricultural Lands Act have been decided by two tenancy authorities in his favour and now revision is pending before the Maharashtra Revenue Tribunal. There is no S 2 dispute that two tenancy authorities have declared the respondent-defendant as tenant in the suit property. In view thereof and considering the reasons recorded by the courts below I find absolutely no merit in the case. No substantial question of law is either involved or raised in the appeal. Hence the second appeal is dismissed. The dismissal of the appeal, however, shall not preclude the appellant-plaintiff from taking appropriate remedy for seeking possession of the property, if so advised. While making this observation I shall not be understood to have expressed any opinion on the rights of the appellant. (D.B.Bhosale, J.)