1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR S. A. No. 445 OF 2008 Ashish Charandas Wasnik v. Govinda Shivaji Sawarkar & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. Ashish Wasnik in person. Mr. H.M.S. Athar Advocate for the Respdt. no.1. Mr. Rajeev Chhabra Advocate for Res.no. 2. ..... CORAM: A.B.CHAUDHARI, J. DATED : 14 th JULY, 2009. Heard Mr.Ashish Wasnik in person. He submits that he has no direct interest in the suit property in respect of which adjudication has been made by the courts below. He states that he purchased the plot and constructed the house thereon since it was represented that the subject matter of the suit plot was reserved for play ground. Now both the courts below have found that it was not a plot which was reserved for play ground but was a plot belonging to respondent no.1. This is concurrent finding of fact which 2 cannot be disturbed in second appeal by this Court. Till this date the Nagpur Improvement Trust has not put to challenge the said decision of the courts below in second appeal. Since the civil rights of respondent no.1 have been adjudicated by the courts below holding him to be the owner of the suit plot and since the appellant does not have subsisting right over the suit property, I do not think that the present second appeal at the instance of Mr. Ashish Wasnik can be entertained. Hence, this second appeal is dismissed. No order as to costs. JUDGE /TA/