1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO.564 OF 2009. Namdarkhan S/o Yousufkhan, and another. ..APPELLANTS VERSUS The State of Maharashtra and others. ..RESPONDENTS ------------------------------------------------------ Mr.S.S. Nirkhee, Advocate for appellants. Mr.Vikram S. Undre, holding for Mr.Katneshwarkar for the respondent no.3. Mr.V. G. Shelke, AGP for the respondent no.1/State. ------------------------------------------------------ CORAM : A.V.NIRGUDE, J. DATE :4TH FEBRUARY,2010 PER COURT : 1. The second appeal is filed against the concurrent findings recorded by the Courts below, in peculiar suit, which the appellants themselves filed as inter- pleader suit. 2. The appellants are occupying certain lands, on which they have their shops. They were earlier paying rent of land to the respondent no.2-Wahab but the Collector, Parbhani sent notices to the appellants 2 that the land beneath their structures belonged to the State of Maharashtra and therefore, they should not pay rent to the respondent no.2. In view of this ambivalent situation, the appellants rightly filed the inter-pleader suit where the Courts below held that the land under structures of the appellants belonged to the respondent no.2. 3. In view of the factual findings and in view of the fact which is equally peculiar that the State or Collector, Parbhani has not challenged the findings of the Courts below, there is practically no purpose for continuation of this litigation that too on behalf of the appellants. There is no substantial legal question involved in the appeal. The appeal stands dismissed. 4. In view of the dismissal of the second appeal, civil application nos.8621/2009 and 1624/2010 do not survive, and both stand dismissed accordingly. (A.V. NIRGUDE, J) GAS/sa564.09