1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 104 OF 2010 Gani Mohammadsaheb Shaikh .... APPELLANT VERSUS Dastagir S/o Amir Malkunje & Oths. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. B.N.Patil, Advocate for appellant. Mr. A.T.Dalal, Advocate holding for Mr. V.D.Salunke, Advocate for Resp. No. 1. -------------------------------------------------------------------------------------------------------- CORAM : S.V. GANGAPURWALA, J. DATE: 23/08/2010 ORAL ORDER : 1. Heard Mr. B.N.Patil, the learned counsel for appellant and Mr. Dalal, the learned counsel for Respondent no. 1. 2. The appellant assails concurrent findings of facts of both the Courts below. The present respondent had filed Civil Suit for declaration and injunction against the present appellant and respondent no. 2 alleging that the present appellant and respondent no. 2 are trying to create a way from the northern boundary of the land of respondent no. 1 bearing G.No. 102 admeasuring 2 Hector 69 R. of village Chincholi (Kajale). Both the Courts 2 below on appreciation of evidence of pleadings and the witnesses, have come to the conclusion that there is no way as is alleged and was not being used by the appellant. 3. Mr. Patil contends that the Courts below have not appreciated the copy of the Sale deed and the deposition of the vendor of the appellant Laxman Bedre and have come to erroneous conclusion. According to him, after the partition, the said way was kept and the said fact was also stated in the sale deed. 4. Perusal of the Judgment of the lower Court shows that the vendor of the present appellant in the cross examination had admitted that initially in the sale deed, there was no mention of the way but then it was subsequently inserted. 5. Both the Courts have appreciated the evidence. No substantial question of law is involved in the present Appeal. As such, the present Second Appeal is dismissed with no order as to costs. [ S.V. GANGAPURWALA ] JUDGE knp/ SA 104.2010 3