SA770.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ SECOND APPEAL NO.770 OF 2010 SHOBHABAI UTTAM AHER AND ORS VERSUS AMBADAS RAMESHWAR NARALE ... Advocate for Appellants : Mr.Khan A.A. ... CORAM : S.S. SHINDE, J. Dated: December 22, 2011 ... Heard learned Counsel for the appellants. He would submit that the respondent No.1, in his cross- examination, has admitted that there was no quarrel between Shobhabai and himself in the suit field. Therefore, according to the Counsel for the appellants, from reading the cross- examination of respondent no.1, it is abundantly clear that there is no obstruction as such by the appellants and therefore, there was no question of granting any prohibitory order against the appellants. He further SA770.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ submits that just to counter-blast the suit filed by the appellants, the present suit was filed by the respondent. Therefore, he submits that if there is no obstruction, there is no question granting any perpetual injunction in favour of the plaintiff. 2 I have given due consideration to the submissions of the learned Counsel for the appellants, perused the impugned judgment and order and in particular, para 18 of the lower appellate Court's judgment. The lower appellate Court, in the said judgment, has discussed the documentary evidence produced on record by the plaintiff showing possession over the suit property. In addition to that, even oral evidence was led by the plaintiff, one witness was examined and after appreciating the evidence of the plaintiff, his witness and documentary SA770.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ evidence, the trial Court decreed the suit. The respondent, except himself, did not produce any evidence on record. 3 From perusal of the grounds taken in the second appeal, it appears that none of the grounds can be considered as substantial question of law. Both the Courts below have taken the view in consonance with the evidence brought on record. 4 No case is made out. Second Appeal stands dismissed. (S.S. SHINDE, J.) PLK/*