IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 70 OF 2000 Bimrao Tukaram Jadhav ...... ...... ...... Appellant V/s Thakubai Dinkar Jadhav & Ors. ...... ...... ...... Respondents. Mr.Thorat, Adv. For the appellant. Mr.V.N.Sagare, Adv. For respondent Nos. 1 to 3. CORAM: R.V. MORE, J. 21st OCTOBER, 2008. PC: Mr.Thorat, learned advocate undertakes to file vakalatnama on behalf of the appellant. Heard Mr.Thorat, learned advocate for the appellant. This is the second appeal preferred by the appellant who is the original defendant. Respondent-plaintiff filed a suit for declaration that they are having right to use the suit way by way of easement of necessity and also sought consequential relief of injunction against the appellant-defendant. The trial Court dismissed the suit. The respondent-plaintiff approached the lower appellate. Respondent- plaintiff' s appeal was decreed. The order passed by the lower appellate court is impugned in the present second appeal. 2. It was the respondent-plaintiff' s case that their house as well as 1 the house of the appellant-defendant situated over their agricultural land which formed their joint family property. It was further case of the plaintiff that said land was partitioned and except disputed way no alternate way is available to them to approach their house property from the public road. The lower appellate court after appreciating the evidence on record accepted the contention of the respondents- plaintiffs and recorded the finding that the disputed way is the only way and there is no other alternate way to respondent-plaintiffs to approach their house. Consequently it was held that plaintiff- respondents proved easement of necessity. No question of law much less substantial question of law is involved in the present second appeal. Second appeal being devoid of any merit stands dismissed. 3. In view of disposal of second appeal civil application No.781 of 2000 does not survive and same also stands disposed of accordingly. 21.10.08 (R.V. MORE, J.) 2