-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.1011 OF 2007 APPEAL NO.1011 OF 2007 APPEAL NO.1011 OF 2007 Dattakumar Baburao Kesarkar ...Appellant vs. Bharati Umesh Chougule ...Respondent Mr.Vijay Killedar for the Appellant CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JANUARY 9,2008 : JANUARY 9,2008 : JANUARY 9,2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellant. The Appellant is the original defendant. A suit filed by the Respondent-plaintiff for injunction has been decreed by the trial court. According to the case of the Respondent-plaintiff, he purchased the suit plot by a registered sale deed. The registered sale deed specifically mentions that on the southern side of the suit plot there is an access which is shown in the map prepared by the City Survey Officer. The suit for injunction was filed as the Appellant-defendant threatened to carry out the construction. 2. Both the courts below concurrently found that the Respondent-plaintiff has established the existence of the road on the southern side of the suit plot and his right to use the same. The finding of the courts below is based on appreciation of the oral and documentary evidence on record. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. -2- JUDGE JUDGE JUDGE