: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1183 OF 2005 SECOND APPEAL NO.1183 OF 2005 SECOND APPEAL NO.1183 OF 2005 Dnyandeo Balu Mohite, Deceased, . Thru’ Kiran D. Mohite & Ors. ...Appellants V/s. Ankush Mahadev Mohite & Ors. ...Respondents Mr.V.S. Gokhale, Advocate, for the Appellants. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. DATE : 25TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the appellants. The Appeal is by the original 1st to 8th defendants. The suit filed by the 1st to 5th respondents (original plaintiffs) has been dismissed by the Trial Court. An Appeal was preferred by the original plaintiffs before the District Court. The said Appeal has been dismissed. 2. The Second Appeal preferred by the appellants is not against any decree but the same is essentially against the findings recorded by the Courts below. Therefore, the Second Appeal is not maintainable and is dismissed only on the ground that it is not maintainable. : 2 : 3. It is obvious that if any Appeal is preferred by the original plaintiffs, it will be open for the appellants to raise the contentions which are raised by them in this Second Appeal. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]