IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.44 OF 2008 Bhagwan Limba Mali & Ors. )..Appellants Versus Yashavant Limba Mali & Ors. )..Respondents ---- Mr.Ajay A.Joshi for the appellants. Mr.Prakash Mahadik for respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 23.4.2008. PC 1. This is an appeal filed by the original defendants. The suit of the plaintiff was for injunction simplicitor. Both the Courts have held that the plaintiff was in possession of the suit property. The basis of this is principally an application dated 22.7.93 made by the defendant to the Talathi stating that the plaintiff was in cultivation of half portion of gut no.737. It is an admitted position that the suit was not for a declaration of title. The defendant’s case was that he was a direct tenant prior to the tillers day and therefore, 32-G proceedings was concluded in his favour and certificate is also issued in his favour. It is always open for the defendant to file an independant suit to establish his title and take possession in accordance with law. Suit for : 2 : injunction can be on the basis of settled possession. In the circumstances, there is no substantial question of law involved in the appeal and therefore, appeal stands dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)