1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 493 OF 2009 Dagadu s/o Ranganath Sangve & others APPELLANTS VERSUS Dattu s/o Ramchandra Gaike & another RESPONDENTS Shri D.P. Palodkar, advocate for the appellants. ===== CORAM: R.M.BORDE, J. DATE : 30th July, 2009. PER COURT: 1 Original defendants are raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted Regular Civil Suit no. 1202/2001 claiming decree of perpetual injunction against the defendants thereby restraining them from causing obstruction to the plaintiff from laying valan bandh in his field towards eastern side of nala running South-North in between the lands block nos. 63 and 25 of village Khirdi, Tq. Khkultabad, Dist. Aurangabad. Relief claimed by the plaintiff was based on the order passed by the Tahsildar. After recording evidence of the parties, trial court found that the plaintiff has substantiated his case and as such granted decree as prayed for. Defendants being aggrieved by the judgment and decree passed by the trial court presented appeal 2 bearing Regular Civil Appeal no. 271/2001 which came to be heard and disposed of by the 4 th Adhoc Additional District Judge, Aurangabad who was pleased to dismiss the same by judgment dt. 21-7-2004. 3 I have perused the judgments recorded by both the courts below. Arguments advanced are essentially the matters relating to appreciation of evidence. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed summarily. 4 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. ( R.M.BORDE, J.) ******* dyb/office/sa493.09.odt