1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 366 OF 2007 Ramesh Shantilal Khivasara .. APPELLANT VERSUS Kanhaiyalal Ramlal Soni (deceased through LRs) .. RESPONDENTS Mr. J.R. Shah, Advocate for the appellant. mr. V.P. Raje, Advocate holding for Mr. C.R. Deshpande, Advocate for respondent nos. 1, 1E, 1a, 1b, 1c. ===== CORAM : K.U. CHANDIWAL, J. DATE : 30 thNovember, 2009 PER COURT : 1 Original defendant feeling aggrieved by the award and decree of Rs.40,000/- with interest component by order dt. 27-11-2006 recorded by learned Civil Judge,S.D., Nandurbar in Spl. Civil Suit no. 26/1999, is before this court. Learned counsel representing original defendant contends that the decree is not legal as the learned Judge erred in passing the same without considering the finding recorded to issue no. 1 in negative. 2 Finding recorded by the learned Judge cannot be said to be contrary 2 to the legal position. Learned Judge negatived the contention of the plaintiff when he asserted that there was advancement of hand loan of Rs. 2,90,000/- to the defendant. However, that does not mean that the defendant is legally entitled to retain amount of Rs.40,000/- received by him by cheque dt. 6-9-1997, which fact has not been disputed by the defendant. In the situation, I do not seek any error on the part of the learned Judge in partly decreeing the suit to the extent of Rs.40,000/-with interest at the rate of 6% per annum. No interference is required. First appeal dismissed. 3 In view of dismissal of appeal, pending civil application, if any, stands disposed of. ( K.U. CHANDIWAL, J.) dyb/office/fa366.07.odt