1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 337 OF 2009 Shri Jaynarayan Devikishan Gandhi ... Petitiner Vs. Dattatraya Shankar Desai since deceased through legal heirs: 1. Smt. Mandakini Dattatraya Desai & Ors. Respondents Mr. P.B.Shah, Advocate, for the appellant. Mr. V.G.Peshave, Advocate, for the respondent Nos. 1 & 2. CORAM: J.H.BHATIA,J. DATE : 1st October, 2009. P.C. 1. The plaintiff-respondent had agreed to purchase a flat from the defendant/appellant who is a builder. The suit was filed by the plaintiff for directing the defendant to execute conveyance deed under the Maharashtra Ownership of Flats Act. Suit was decreed by the trial Court. The appeal filed by the defendant was dismissed. This Second Appeal is filed by the defendant. 2. The defence of the defendant is that the plaintiff was put in some 2 additional area than the area shown in the agreement and therefore, the defendant is entitled to additional price for that area. That plea was rejected by both the Courts below and there is a concurrent finding of fact that he is not entitled to any such additional amount. No question of law is involved in the present Appeal. Therefore, the Appeal stands dismissed. 3. As the Appeal itself is disposed of, C.A. No.1200 of 2009 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)