1 S.A.No.165.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 165 OF 2008 Eknath S/o Raghunath Khandare, Dead through L.Rs. ... Appellants V E R S U S Kachru S/o Raghunath Khandare and others ... Respondents ... Mr. M.D.Shinde,Advocate for Appellants Mr. V.D.Patnoorkar,Advocate for respondent no.1 Mr. Rajesh Pardeshi,Advocate holding for Mr. S.V.Gangapurwala,Advocate for respondent no.3 Mr. A.D.Kasliwal,Advocate for respondent nos 9 to 11. ... CORAM : A.V. NIRGUDE, J. DATED : 15th JANUARY, 2010 PER COURT 1] Heard counsel. 2] Perused Judgment. 3] The appellant is unable to show any substantial question of law emerging from almost concurrent findings recorded by the lower Courts. The appellant was defendant before the trial Court, but despite his contesting stand, he did not file written statement. In view of this the 2 S.A.No.165.08 suit was decreed against him. The appeal was also dismissed with some modifications in the final order. I noticed that, even before the first Appellate Court the appellant did not seek remand of the case, did not make any attempt to file the written statement etc. Even in the Appeal Memo of this appeal, there is no prayer for remand of the case back to the trial Court and no attempt is made at this stage to file the written statement on record. In view of this no fault can be found in the judgments of Courts below. The Second Appeal stands dismissed. 4] Consequently, the Civil Application No. 13425 of 2009, seeking early hearing stands disposed of. Sd/­ (A.V. NIRGUDE, J.) MTK/