1 4.sa575.06 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 575 OF 2006 Shri Dhanajirao Sambhajirao Ghatage. ....Appellant. Vs. Sou. Sunita @ Rajlaxmi Dhanajirao Ghatage. ....Respondent. Mr. Umesh Mankapure, Advocate for Appellant. Mr. Ajit Kenjale, Advocate for Respondent. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 12, 2011 P.C. 1. Perused the earlier Order dated 28/9/2011. Settlement is not reported till today. Hence the Appeal is heard on merits for admission. 2. The Appellant is original Petitioner in Hindu Marriage Petition No. 155 of 1992 seeking declaration of nullity of marriage. This declaration is sought on the ground that prior to the marriage between the Petitioner and the Respondent, the Respondent had 2 4.sa575.06 already married one Chandrakant Kadam. The Trial Court dismissed the Petition on 19/7/2000 and Civil Appeal No. 313 of 2000 filed by the Appellant has been dismissed by the learned III Ad-hoc A.D.J. Sangli by order dated 30/4/2005. Hence this Second Appeal is filed. 3. Mr. Mankapure, Advocate for Appellant submitted that there was an ad-interim injunction granted in favour of Chandrakant Kadam against the Respondent being Defendnat No. 1 in RCS No. 371 of 1990 and that order was passed on 17/11/1990 of which the Respondent was aware and therefore, before service of injunction in that suit, the marriage was performed on 19/11/1990. He further submitted that in view of the earlier marriage, the second marriage was nullity. 4. I have considered the submissions. The Trial Court and the District Court have appreciated the evidence on record and have reached the conclusion that earlier marriage was not proved. These are pure finding of facts and once they are recorded, dismissal of the Petition filed by the Appellant and the Appeal filed by the 3 4.sa575.06 Appellant was inevitable. No question of law arises. Second Appeal is dismissed. (GIRISH GODBOLE, J)