-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 504 OF 2003 SECOND APPEAL NO. 504 OF 2003 SECOND APPEAL NO. 504 OF 2003 ALONGWITH ALONGWITH ALONGWITH CIVIL APPLICATION NO. 775 OF 2003 CIVIL APPLICATION NO. 775 OF 2003 CIVIL APPLICATION NO. 775 OF 2003 Shri Ajit Ganesh Nille, since .. Appellants. deceased through his LRs. (Org.Defendants) 1. Smt.Kasturi Ajit Nille & Ors. V/s. Surendra Jambu Nille .. Respondent. (Org.Plaintiff) --- Mr.Amit B. Borkar for the Appellants. Mr. V.B. Rajure for the Respondent. --- CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. CORAM : R. M. SAVANT, J. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. DATED : 05TH AUGUST, 2008. P.C.: P.C.: P.C.: 1. This second appeal arises out of the Judgment and decree dated 19.12.2001 passed by the learned IIIrd Additional District Judge, Kolhapur; by which the judgment and decree passed by the trial court dated 30th June, 1999 came to be confirmed. 2. The appellant is the original defendant in the Regular Civil Suit No. 20 of 1995 filed by the respondent herein, seeking perpetual injunction in respect of the suit property which is 18 gunthas of land, situate in gut no. 665, (old survey no.155). The case of the plaintiff that he had sold 18 gunthas of land out -: 2 :- of the said survey number to the respondent, vide sale deed dated 19.10.1989. However, the boundaries of the land transferred were mentioned in the sale deed. The plaintiff filed the suit on the ground that the defendant was obstructing the possession of the plaintiff in respect of the suit land. On the other hand it was the case of the defendant that in October, 1989, the plaintiff was in need of money and therefore, obtained Rs. 4500/- from the defendant and therefore, he sold the suit land to the defendant, who is his brother. It was the case of the defendant that the portion of the land which is adjoining to the land gut nos. 664 and 814 was purchased by him and that the said land is in possession of the defendant, who as an owner is cultivating it from the date of the said sale deed. 3. It appears that the description of the land mentioned in the plaint was deleted by the plaintiff pursuant to the leave granted by the trial court. The parties went to trial and on the basis of the evidence that was before it, the learned trial court came to the conclusion that the said 18 gunthas of pad land which is the suit property, situated towards the southern side of gut no. 665. The case of the defendant that the said land was in the middle of the said gut no. 665 was rejected on the ground that the documentary evidence in -: 3 :- the form of the panchanama and the commissioners report was post filing of the said suit. The trial court on the basis of the proceedings in respect of the said 18 R land which took place before the revenue authority /authorities and culminated in the order passed by the Revenue Commissioner came to a conclusion that the location of the said 18 R land was on the southern portion of the said gut no. 665. 4. The trial court therefore, decreed the suit by the judgment and order dated 30th June, 1999. The defendant aggrieved by the said decree dated 30th June, 1999 filed the regular civil appeal being No. 263/1999. The lower appellate court confirmed the finding of the trial court that the said 18 R. land was on the southern portion of the gut no. 665 and therefore, held that the suit land was in possession of the plaintiff. Both the courts below, therefore, have recorded a finding of fact as regards the location and possession of the said disputed portion of the said 18 R land in the said gut no.665. In my view, the challenge raised in the second appeal in the light of the findings recorded by the courts below does not involve any substantial question of law. The appeal is accordingly dismissed. 5. In view of the dismissal of the appeal, the civil -: 4 :- application does not survive and is accordingly disposed of as such. ( R.M.SAVANT, J.)