(1) SA. 149.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 149 OF 2009 Pandurang Gena Bansode .. Appellant VERSUS Bhaskar Hindraj Giri died thorugh LRs. and others .. Respondents WITH CIVIL APPLICATION NO. 951 OF 2008 IN SECOND APPEAL NO.149 OF 2009 Pandurang Gena Bansode .. Applicant VERSUS Bhaskar Hindraj Giri died thorugh LRs. and others .. Respondents Mr. R.V. Naiknavare, Advocate for the appellant Mr. V.B. Sapkal, Advocate h/f. Mr. K.K. Kulkarni, Advocate for the respondent nos. 1 and 2 None present for the respondent no.3 though served CORAM : A.V. NIRGUDE, J. DATED : 12TH JANUARY, 2010 ORAL ORDER:- 1] Heard. Perused the judgments of the Courts below. The appellant challenges the concurrent findings of facts recorded by the Courts below. The original respondent nos. 1 and 2 had filed Regular Civil Suit no. 153 of 1986 against the present appellant and the respondent no.3 who happens to be the husband of the respondent no.2. It was alleged by them that the respondent no.3 had alienated (2) SA. 149.2009 ancestral property gat no. 185 admeasuring 85 R situated at village Wadgaon(Dev), Tq. Tuljapur, Dist. Osmanabad without having any legal necessity. Appellant had purchased the said land on 29.4.1982. There were two questions before the Courts below:- (i) Whether the original plaintiff no.1 Bhaskar, the minor son of the respondent no.2, was born before 29.4.1982? and (ii) Whether the sale was for legal necessity? 2] Both the Courts below held against the appellant. The appellant could not prove that the original plaintiff no.1, the minor son of the respondent no.2 took birth on 15.6.1983 on the basis of exhibit 30-the birth certificate. The Courts below held that the birth certificate was a forged document. Having gone through the judgments of the Courts below, I find that this finding on facts, was based on cogent reasons. So also, the Courts below rightly held that the sale of the ancestral land was not for legal necessity. In view of this, the appeal should fail. The Second Appeal stands dismissed. Consequently, Civil Application no. 951 of 2008, seeking stay also stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp