1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 150 OF 2010 Bhagwan Dhondi Jadhav ........Appellant versus Dnyandev Ganpati Kadam & ors ........Respondents. Mr. Milind Deshmukh adv. for the Appellant. Mr. M.M. Sathaye adv. for the Respondents. CORAM: B. R. GAVAI,J. DATED : 6th September, 2010. P.C.: 1. By way of present Second Appeal, the appellant challenges the concurrent orders, dated 22­1­1993 passed by Civil Judge, J.D. thereby decreeing the suit of the Plaintiff and restraining the defendant nos. 1 to 8 from interfearing with peaceful possession of the plaintiff and defendant nos. 9 and 10 to the suit properties, and order dated 1­1­2002 passed by the District Judge, Satara, thereby dismissing the appeal. 2. The learned counsel for the appellant submits that the learned courts below have erred in holding that the appellant has failed to prove that the entire land was in possession of the predecessor in title of the defendant no.1 as a tenant. The question as to whether the defendants predecessor in title was in possession of the entire land or part of the land on the date of Tiller’s day is a 2 pure question of fact which has been decided by both the courts below on appreciation of evidence. The jurisdiction of this court under sec.100 of CPC would not permit this court to re­appreciate the said evidence to come to a finding whether the said finding is correct or not. In that view of the matter no substantial question of law arises for consideration. The appeal is therefore dismissed. (B. R. GAVAI, J.)