IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.136 OF 2008 Shri Laxman R.Tandel & Ors. )..Appellants Versus Shri Kanhoba Y.Nawar & Ors. )..Respondents ---- Mr.G.J.Sabnis for the appellants. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 24.6.2008 PC 1. This is an appeal filed by the original defendants. The plaintiffs’ suit was for an injunction. Both the Courts have held that the present defendants were not in possession. There is concurrent findings of fact as regards this question. The present defendants have also filed a separate suit for a declaration that certain sale deed was void. That matter was also decided against the defendants and the Second Appeal has also been dismissed subject to the clarification that any proceedings under Section 70 (b) would proceed independantly. In these circumstances, as far as this appeal is concerned, there is no substantial question of law involved. Hence, Second Appeal stands dismissed. It is made clear that the clarification given by the High Court in Second Appeal No.441 of 2006 would continue to stand. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)