1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3217 OF 2009 Shri Purushottam Kashiram Patil PETITIONER V E R S U S Shri Vithal Dhaku Patil. RESPONDENT. Shri A.B. Kale, Advocate for the petitioner. CORAM : B.R. GAVAI, J : DATE : 23rd JUNE, 2009. PER COURT :- 1. By way of present petition, the petitioner challenges the order dated 22.07.2008 vide which the learned Adhoc District Judge -1 Amalner has partly allowed the appeal filed by the respondent. It is the case of the petitioner that land was given on batai basis to the respondent and that the defendant had not paid him arrears to wards his share. 2. The defendant also filed a counter claim. The suit was decreed by the trial court and the counter claim was rejected. 3. Being aggrieved by the decree passed and rejection of the counter claim the defendant preferred an appeal. The same is partly allowed in so far as the decree passed against the defendant is 2 concerned. The learned trial court while allowing the appeal has found that the petitioner has not produced any cogent evidence regarding agreement as claimed by the plaintiff and amount as due against the defendant. The learned trial court has reappreciated entire evidence. In that view of the matter, no interference is warranted in exercise of extraordinary jurisdiction of this Court under article 227 of the Constitution of India. Hence rejected. ( B. R. GAVAI ) JUDGE ..... aaa/wp3217.09 3