1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 120 OF 2009 (Kisan Gosai Shende vs. Sukhdeo Zinger Chopkar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. Heard Shri Thakkar, Advocate holding for Shri Vastani, learned counsel for the appellant. The contention is that the debris of wall was carried away by Municipal Council and not by defendant No.1. The question is basically a question of fact. The perusal of the judgment of the trial Court shows that defendant No.1 Kisan himself in cross examination stated that the Tractor of Municipal Council came but went back empty and no debris was removed by them. He stated that two labourers came and they put the debris in plaintiffs court yard. His witness DW-2 Bhurkanbai has contradicted him and she stated that Tractor came thrice and debris was carried away. The learned counsel has contended that plaintiff himself stated that debris was carried away by the Municipal Council. 2 However, the portion of evidence read out to the Court does not show any such admission. The evidence has been correctly appreciated and finding delivered is concurrent. No substantial question of law arises in this second appeal. Second Appeal is dismissed. No order as to costs. JUDGE *GS.