1 IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO.13/2007. Shri. Dhaktu Babu Raut (Deceased) through Lrs and 3 Ors ..... Appellant. Versus Shri Soma Dattaram Rau (Deceased) Through its LR's and 2 Others ..... Respondents. Mr. Nigel D'Costa Frias,Advocate for the appellants. Coram :- S. A. BOBDE, J. Date : - 01st April, 2008. FINAL ORDER : This is a second appeal by the appellants against whom the Appellate Court has granted an injunction in favour of the plaintiffs in the suit filed by the respondents/plaintiffs. The Appellate Court has restrained the appellants from interfering with the plaintiff's possession of the property. The learned Counsel for the appellants submitted that there is an error in the appreciation of evidence. He referred to para. 26 and 27 of the judgment of the Appellate Court in which the Appellate Court has reappreciated the evidence relied upon by the trial Court and come to the conclusion that the witness P.W.1 had not said that the defendants have a house in the suit property. According to the learned Counsel for the appellants, there is some confusion from the documents regarding the identity of the suit property. There is no merit in this 2 submission since it is clearly accepted by the learned Counsel that the suit property described in the schedule to the plaint is Panas Kutumban and it is clear from the evidence that the plaintiff's witness had not said that the defendants have a house in the Panas Kutumban. In fact he has clarified that the defendant's house is in a property which is known as Ghor Betalim. In any case, this point raises a question of appreciation of evidence and not a substantial question of law. There is also no merit in the other contention on behalf of the appellants that there is material contradiction in the evidence of P.W.2. Prima facie that does not appear to be a serious material contradiction and in any case this point also involves reappreciation of evidence and does not raise the substantial question of law. Hence, the second appeal is liable to be dismissed and is, accordingly, dismissed. S. A. BOBDE, J. SMA