1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.578 OF 2008 WITH CIVIL APPLICATION NO.22 of 2009 .Smt Shantabai Gulab Pawar, .. Appellant. Vs. Smt Vanyabai Harsingh Jadhav and ors .. Respondents. Mr. Rameshwar N Gite, for the appellant. None for the respondents. CORAM : D.B.BHOSALE, J. DATED : 15/11/2010. PC: 1. Heard learned counsel for the appellant. 2. This appeal is directed against the judgments of the courts below dismissing the suit filed by the appellants for declaration. The learned counsel for the appellants challenged the judgments of the courts below solely on the ground that whereabouts of Ananda Pahadsing Jadhav, brother of the appellant/plaintiff, were not known for about 12 years. He submitted that the courts below, while answering the issue in negative, have failed to appreciate that Ananda Pahadsing Jadhav never appeared before the Court. He is defendant no.10 in the suit. There is no dispute that Ananda Pahadsing Jadhav appeared in the case through his lawyer. Considering the concurrent findings T 2 recorded by the courts below on this issue so also on the other issues framed by the courts below including the issue of res judicata, I find no merit in the second appeal. No substantial question of law is either raised or involved in the second appeal. Hence, the Second Appeal is dismissed. The civil application also stands dismissed. (D.B.Bhosale, J.)