(1) SA. 517.2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 517 OF 2004 Yeshwant S/o Govinda Deore died through LR. Dilip Yeshwantrao Deore, Age : 35 years, Occu.: Agri., R/o Kasare, Tq. Sakri, Dist. Dhule .. Appellant VERSUS Ramdas S/o Sandhu Khairnar Age : 64 years, Occu.: Agriculture, R/o : Kasare, Tq. Sakri, Dist. Dhule .. Respondent Mr. S.V. Mundhe, Advocate for the appellant Mr. N.N. Desale, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 14TH JANUARY, 2010 ORAL ORDER:- 1] This Second Appeal is challenging the concurrent findings of the Courts below. The appellant was the plaintiff. He filed a suit for declaration of the ownership and for perpetual injunction in respect of plot of land situated at village Kasare. It was his case that the plot of land belonged to his father and the defendant could not have purchased it for two reasons: (i) That no permission from the Collector was taken for such alienation and (ii) The sale deed was un-registered one. The respondent/defendant took up a stand that he was in adverse possession of the suit land since (2) SA. 517.2004 1968. But the suit of the appellant failed mainly because despite of the findings recorded by the Courts below that he could not prove his possession of the plot, he did not seek prayer of possession. Rather belatedly a feeble attempt was made at first appellate stage, for seeking permission to amend the plaint but the same was also rejected and I think it was rightly rejected because the appellant's application seeking amendment to the plaint was grossly defective. 2] In view of this, there is no substantial question of law seen in the appeal. The findings recorded by the Courts below are based on cogent evidence and reasoning. The Appeal should therefore fail. The Second Appeal stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp