1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 895 OF 2009 _______________________________________________________________ Office Notes, Office } Memoranda of Coram, } Court's or Judge's orders appearances, Court's } orders or directions } and Registrar's orders } ___________________________}___________________________________ Mr. R.P.Bhumkar, Advocate for appellant. ........................... CORAM : S.V.GANGAPURWALA, J. DATE : 20/09/2010 PER COURT : 1. The appellant is the original plaintiff. The appellant had filed Suit for simplicitor injunction restraining the defendant from obstructing the plaintiff in lifting of the water from Nala No. 1 in G.No. 171. Both the Courts have dismissed the Suit of the plaintiff. Mr. Bhumkar, the learned counsel for the appellant submitted that both the Courts were in error in coming to the conclusion that there is no obstruction at 2 the hands of the defendants and about the fact of existence of Nala No. 1. 2. I have perused the Judgments passed by both the Court below. Both the Courts below have concurrently observed that the plaintiff – society has failed to establish the existence of said Nala No. 1 in G.No. 171 and they have also failed to establish the alleged obstruction. 3. In light of these facts, no case for interference is made out. As such, Second Appeal is dismissed. [ S.V.GANGAPURWALA ] JUDGE knp/SA 895.2009