1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APEPAL NO.199/2010 NAMDEO PANDURANG CHARAPE ..VS.. SANTOSH PANDURANG CHARPE =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : SMT. VASANTI A NAIK,J. DATED : 15th June, 2010. Heard Shri Deopujari, the learned advocate for the appellant. The appellant is the original defendant. The plaintiff and the defendants are the real brothers. A suit was filed by the plaintiff for a declaration that the partition deed executed between the plaintiff and the defendant on 15.2.1993 was a bogus document. It was also prayed by the plaintiff that the court may declare that the plaintiff had 1/3rd share in the well which was situated, according to the defendant, in the field of the appellant/ defendant, along with electric pump etc. The defendant denied the case of the plaintiff and further denied that the plaintiff had some ownership over the suit well. The defendant pleaded that no cause of action arose for filing the present suit and the suit was 2 liable to be dismissed. The trial as well as the first appellate court on an appreciation of the evidence on record held that the plaintiff had succeeded in proving that he had a share in the well and the motor pump situated in field survey no.33/1 at Mouja Madna. The courts relied on the oral as well as the documentary evidence on record, specially the cross examination of the witnesses examined on behalf of the appellant/ defendant to partly decree the suit filed by the plaintiff. In fact, by the judgment dated 31.1.2006, the trial court restricted the right of the plaintiff to use the well water. The findings recorded by both the courts are based on a proper appreciation of the material evidence on record. They do not give rise to any substantial question of law. The second appeal is, therefore dismissed with no order as to costs. JUDGE SMP