( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 640 OF 2008 Shankar Salba Waghe APPELLANT VERSUS Tatyarao Dadarao Kale RESPONDENT ..... Mr. Vivek Bhavthankar, advocate for the appellant. Mr. S.S. Thombare, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 3rd November, 2009] PER COURT : 1. Heard counsel. 2. Admittedly, the parties are inter-related. The Courts below gave concurrent findings. It has been held that the respondent (plaintiff) proved advancement of Rs. 70,000/- to the appellant by way of hand-loan. 3. Mr. Bhavthankar would point out that the witnesses did not subscribe to the written terms of the document. The Courts below held that the appellant failed to establish the plea that the document was plank ( 2 ) and was executed by way of security for the payment of part of the dowry amount agreed between the parties and that the appellant had only signed the same as contended by him. Once it is found that the appellant admitted signature on the document, then the burden would shift on him to prove the plea of misuse thereof. The findings of fact recorded by both the Courts appear to be in consonance with the evidence of the parties and there appears no element of perversity as such while reaching conclusion. In this view of the matter, no substantial question of law is involved in this second appeal. Consequently, the second appeal is dismissed. No costs. 4. In view of dismissal of the second appeal, civil application No. 8531/2008 does not survive and hence, stands dismissed accordingly. [ V.R. KINGAONKAR ] JUDGE NPJ/sa640-08