1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 912 OF 2009 Mahadu Sawaleram Narhe Sawaleram Mahadu Narhe both deceased through L.Rs. 1a. Parubai Sawaleram Narhe and other .. .. Appellants Versus 1. Bandu Dashrath Thange and others .. .. Respondents Shri N. C. Garud, Advocate for the Appellants. CORAM : N. D. DESHPANDE, J. DATE : 09TH DECEMBER, 2009. ORAL ORDER : 1. Heard Shri Garud, learned counsel for the appellants. Matter was referred to the department for removing objection of alleged delay of 2 days. The office note received. Perused, the 18 and 19 February, 2001 being holidays, the filing on 20th Febryary, 2001 is well within limitation. 2. The appeal is taken up for admission at the request of Shri Garud. 2 3. The present second appeal is directed against judgment and order dated 03.11.2000 in Regular Civil Appeal No. 336/1988. The present appellants had filed a suit for perpetual injunction and the said suit was decreed on 29.03.1988 by the Civil Judge Junior Division, Parner. However, against the said judgment and decree appeal came to be filed and allowed against the present appellants and the suit of the appellants for perpetual injunction came to be dismissed, hence this second appeal. 4. There were two counter suits between the parties regarding the same subject matter one was for specific performance by his opponent and another was for perpetual injunction by these appellants. As the suit simplicitor for injunction which was not considered by the learned First Appellate Court. The learned First Appellate Court refused to grant perpetual injunction after considering the facts of the case and evidence on record. No obstruction was held proved, hence discretionary relief of injunction was refused to the appellants. There is no substantial question or issue raised, since the relief was discretionary no appeal lie on merits. The Second appeal stands dismissed summarily at the stage of admission. The second appeal is accordingly disposed of. [ N. D. DESHPANDE, J.] bsb/Dec.09