1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.09 OF 2005 Subhash Motichand Gandhi & others Appellants Versus Kishanrao s/o Keshavrao Mundhe & 2 others Respondents Mrs.M.T.Biradar, advocate holding for Mr.U.R.Kulkarni, advocate for appellants. Mr.V.M.Kagne, advocate holding for Mr.Sudhanshu S.Choudhari, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 04 th August, 2009. P.C.: Original defendants No.3 to 6 are raising exception to the judgment and order dated 30 th March 1999, passed by Joint District Judge, Osmanabad in Regular Civil Appeal No.43 of 1990. 2 Respondent No.1-plaintiff instituted Regular Civil Suit No. 342/1985 claiming share in the compensation determined by the Land Acquisition Officer. According to the plaintiff, he is entitled to have 1/3 rd share in the compensation in respect of acquisition of well, etc., however, defendants have denied share, to which he is entitled to. As such, plaintiff was constrained to file the suit. 3 The trial Court, after considering evidence of the parties, 2 dismissed the suit. Plaintiff, being aggrieved by the judgment and decree passed by the trial Court, presented an appeal, being Regular Civil Appeal No.43 of 1990, which came to be heard and disposed of by Joint District Judge, Osmanabad, who was pleaded to allow the same partly. Plaintiff is held entitled to claim compensation to the tune of Rs.10,983.33 along with future interest. The first appellate Court has considered documentary evidence in respect of division of survey numbers and it has been observed that the plaintiff, who has share in land S.No.248/1, is entitled to have share in the well situate in land S.No.248/1. The share allottable to the plaintiff is to the extent of 1/3 rd and as such, he is entitled to claim compensation to that extent. The finding is recorded by the first appellate Court on appreciation of evidence placed on record by the parties. 4 Considering all relevant circumstances, I am of the opinion that no substantial question of law arises for consideration in the appeal. 5 Appeal, therefore, stands dismissed. (R.M.BORDE) JUDGE ******* adb/sa905