IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.171 OF 2008 Gangubai Bhimrao Shinde .. Appellant V/s Smt.Yeshabai Shankar Shinde .. Respondent Mr.Machhindra A.Patil for the appellant. CORAM : R.G.KETKAR, J. DATE : 23RD JULY, 2009. P.C.: 1. The original plaintiff has filed the present second appeal challenging the judgment and decree dated December 13, 2001 passed by the learned IV Additional District Judge, Pandharpur. The said appeal was preferred by the original defendant against the judgment and decree dated July 28, 1993 passed by the learned Civil Judge, Junior Division, Sangola in the suit instituted by the appellant for perpetual injunction restraining the respondents herein from interfering with her possession over the suit property. The appellant claims that the suit property admeasuring 2 H. from and out of land bearing Gut No.1125/1 was purchased by her under the registered sale deed dated June 24, 1985 from Shri.Shankar Shinde for Rs.15,000/- . Pursuant to the sale deed she was put in possession of the suit land. 2. On the other hand, respondents contended that in a partition that took place between her husband Shankar Shinde and his brother an area of 8 Acres of land viz.Gut No.1125/1 fell to his share. There was illicit relation between the appellant and her husband. Without receiving any consideration her husband Shankar Shinde purportedly sold 2 H. land out of Gut No.1125/1. The said Shankar Shinde did not handover the possession to the appellant as the respondent was given the said land for maintenance and she is cultivating the entire land. She therefore contended that the sale deed was hollow. 3. In support of the rival contentions parties led oral as well as documentary evidence. The trial court decreed the suit against which the defendants preferred appeal. The Appellate Court considered the evidence of Shri.Shankar Shinde and recorded the finding that the suit land was given to the respondent for cultivation for maintenance and that he had not received any consideration from the appellant-original plaintiff. In paragraph No.11 the Appellate Court further recorded that the appellant herein taking undue advantage of illicit relations with Shri.Shankar Shinde had got the sale deed executed from him. In paragraph No.13 the Appellate Court recorded the finding that the suit land is in possession of the respondent-original defendant. The findings recorded by the appellate court are findings of facts. The said findings are arrived at on appreciation of evidence. 4. I do not find any infirmity in the order passed by the learned Additional District Judge. No substantial question of law arises in this second appeal. Hence, second appeal is dismissed. (R.G.KETKAR, J.)