1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Second Appeal No. 77 of 2009 [Rambhau Ramdeo Warhekar & another Vs. Manohar T. Jambhale] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. B.P. Maldhure, Adv., for the appellants. Mr. N.A. Vyawahare, Adv., for respondent [absent]. ----- CORAM : A.H. JOSHI, J. DATE : 03rd July, 2009. 1. Heard learned Adv. Mr. V.P. Maldhure for the appellants. 2. Appellants are defendants. Suit was decreed in favour of plaintiff in toto. 3. In the appeal by defendants, part of the decree whereby the defendants were directed to remove projection of the slab as described in the decree by letters K I was set aside, and rest of the decree of the Trial Court was confirmed. 4. Perused the Judgment of First Appellate Court. It is seen that the foundation of the decree, as passed by the Trial Court, and as 2 confirmed in relation to Order Clause [2] and Order Clause [4] is based on defendants admission. 5. It is not in dispute that the Trial Court had recorded that Advocates appearing for both sides had admitted the position, namely that there is no documentary evidence of ownership of respective parties and case has to be decided on the basis of circumstances and other admitted evidence. 6. The decree of Trial Court, as confirmed by the First Appellate Court, is based on admitted fact, namely:- [a] The defendants did not have in past any access to the disputed lane, and a door opened by the defendants was in breach of injunction. [b] The said lane was throughout in use and enjoyment of light and air through window, for drain of rain water falling from the roof of plaintiff s house, and for access for repairs etc., through a door opening in it. 7. These factual findings are not shown to be erroneous, much less perverse. The grounds of appeal and Substantial Questions of Law so styled therein are not involved. 3 8. In the circumstances, appeal has no merit, and is dismissed. Judge |Hedau| 4