1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 67 OF 2006 Mayaram s/o Totaram Patil .. APPELLANT VERSUS Jayaram Totaram Patil (Deceased through LRs) .. RESPONDENTS Mr. R.M. Deshmukh, Advocate for the appellant. Mr. S.S. Gangakhedkar, Advocate for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 5 th October, 2009. PER COURT : 1 This is an appeal by original defendant raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff and defendant are brothers interse. Plaintiff instituted suit against defendant seeking retrain order against him restraining him from interfering in taking well water out of land gat no. 114/1 either through himself or through his agents or servants etc. Defendant has disputed entitlement of the plaintiff to receive well water on the ground that plaintiff has failed to 2 repay amount of Rs.10,000/-, part of his share in expenses in respect of digging the well. Entitlement of defendant to receive Rs.10,000/- from plaintiff is not controverted. Defendant, under the pretext of entitlement to recover the amount of Rs.10,000/- could not be permitted to deny entitlement of plaintiff to have share in the well water. View adopted by the trial court as well as the appellate court is reasonable and cannot be said to be perverse. In exercise of powers under section 100 of the Code of Civil Procedure, interference in the instant second appeal is not warranted. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed summarily. 3 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa67.06.odt