( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 222 OF 2006 Pandu s/o. Bhavdu Kallam and ors. .. Appellants Versus Hausabai w/o. Supdu Ambhore .. Respondent Shri K.G. Khader, Advocate for the appellants. CORAM : P.R. BORKAR,J. DATED : 07.07.2009 P.C. :- 1. Heard Adv. Shri K.G. Khader for the appellants. This is an appeal filed by the original defendants against whom decree for perpetual injunction was passed in Regular Civil Suit No. 69 of 1993 by Civil Judge, Junior Division, Sillod on 05.07.1999, which judgment and decree is further confirmed in Appeal bearing Regular Civil Appeal No. 216 of 1999 by the Extra Joint ( 2 ) District Judge, Aurangabad on 23.09.2002. 2. It has come in the evidence that respondent is sister of appellant No.1. Appellant Nos. 2 and 3 are sons, appellant No.4 is wife of appellant No.1. Appellant No.5 is wife of appellant No.2 and appellant No.6 is wife of appellant No.3. It is brought on record that the land block No.133 situated at village Bhavan, Tal. Sillod, was given to the respondent as “Choli- Bangdi” (gift) and said deed was signed by appellant No. 1. There is no dispute regarding actual possession of land but the dispute is regarding only “Wakhar” & Cattle shed. The only document to show that the appellants are in possession of said Vakhar & cattle shed is mutation entry, but said mutation entry was sanctioned in 1995 pending suit of 1993. The mutation entry was sanctioned by the Tahsildar. 3. Both the Courts have concurrently held that the appellants have no concern with the suit property; the suit property is exclusively in possession of the respondent/plaintiff. There is concurrent finding of ( 3 ) fact. Mere mutation of 1995 is not sufficient. Considering the totality of the circumstances, it is not fit case where appeal can be admitted. No substantial question of law arises in this Second Appeal. The Second Appeal is dismissed at the stage of admission. Parties to bear their own costs. [P.R. BORKAR,J.] snk/2009/JUL09/sa222.06