1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 76 OF 2008 (Nyamatkhan Amadkhan .v. Arun Shalikram Langote) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Smt. S.W. Deshpande, Advocate for the appellant. CORAM : B.P. DHARMADHIKARI, J. 24TH MARCH, 2008. Heard. The only argument is that the Courts below have arbitrarily and erroneously disbelieved the evidence of witness for defendant by name Raosaheb. The evidence of Raosaheb is read out. The Courts below have concurrently found inconsistency about the period during which Usanwar Chitthi (Exh.22) was executed. The witness has stated that it was executed in rainy season while it was actually executed on 13.04.1999 i.e. summer season. Not only this, there is also inconsistency about his version as to why after the alleged payment of Rs.30,000/- by the defendant to the plaintiff, original loan document (as alleged), could not be returned by the plaintiff to the defendant. It is basically the question of appreciation of evidence. No substantial question of law arises in this 2 Second Appeal. The Second Appeal is dismissed with no order as to costs. JUDGE *rrg.