1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 932 OF 2007 Aba Bala Kolekar since deceased through L.rs. 1a. Bhimrao Aba Kolekar & ors........Appellants versus Biru Sakharam Kolekar since deceased through Lrs. 1a. Bhagwan Biru Kolekar & ors........ Respondents. Mr. Sandesh D. Patil adv. for the Appellants CORAM: RANJIT V. MORE, J. DATED : 10th DECEMBER,2008. P.C.: 1. Heard Mr. Patil learned counsel for the appellant. The appellant is original defendant. The respondent's suit for perpetual and mandatory injunction came to be decreed and the appellant was directed to close the doors and windows fixed to the southern side wall of his house which are opening in the property belonging to the respondent/plaintiff. This decree is confirmed by the lower appellate court. The lower courts below recorded finding on the basis of evidence of P.w.3 Baburao Akaram Kadam retired Nimtandar that the doors and windows fixed by the appellant/defendants in the southern side wall of his 2 house are having opening in the property belonging to the plaintiff. The finding was also recorded that the southern side wall of the house of the appellant/defendant is situated exactly on the boundary. It was observed that the appellant/defendant cannot be allowed to create new easement. In these facts and circumstances, the injunction as stated above was granted in favour of respondent/plaintiff. The findings of facts are recorded by the lower courts below after appreciating evidence on record. The appreciation cannot be said to be perverse. No question of law much less substantial question of law is involved. Second appeal is accordingly dismissed. 4. In view of the dismissal of the second appeal, civil application does not survive and the same is also dismissed. (R. V. More, J.)