1 SA274.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 274 OF 2011 Mukhtar Ahmad Mustaque Ahmed Momin ... Appellant v/s Mohammed Bashir Mohammed Usman & ors. ... Respondents Mr.P.S.Dani for the appellant. Mr.Rajesh Datar for respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 25TH NOVEMBER, 2011 P.C.: 1. The appellant is the original plaintiff who sought an injunction against the defendant from obstructing him in repairing his room which was adjacent to the one occupied by the defendant. He also claimed that he had been dispossessed by the defendant by force from the suit premises and therefore by an amendment to the plaint sought the relief of possession. 2. Both the Courts below i.e. the Civil Judge, Jr. Divn., 2 SA274.11 Bhiwandi, as well as the appellate Court have concurrently held that the appellant had not proved that he was carrying out the repairs legally nor was there any evidence available that there was a common wall between the premises of the plaintiff and the defendant. Both the Courts have held that there was no evidence to establish the plaintiff’s case that he had been dispossessed by the defendant of the suit premises. 3. In my view, no case has been made out to admit the second appeal as no substantial question of law has been raised by the appellant. 4. Second appeal stands dismissed. (SMT.NISHITA MHATRE, J.) 3 SA274.11