( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 398 OF 2009 Balu Rambhau Jadhav APPELLANT VERSUS Chandra Jamna Jadhav & another RESPONDENTS ..... Mr. S.K. Shinde, advocate for the appellant. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 18th November, 2009] PER COURT : 1. Heard counsel. 2. The plaintiff’s suit (R.C.S. No. 509/1994) for injunction simplicitor directing the defendant No. 1 from desisting to commit encroachment over eastern water streamlet (-----) situated in his land bearing Survey No. 18/2B/3 came to be dismissed. The trial Court came to the conclusion that there was no sufficient evidence to prove the plaintiff’s lawful possession in respect of the streamlet which was not proved to be part and parcel of his land. The same finding of fact is rendered by ( 2 ) the first Appellate Court while dismissing the appeal bearing R.C.A. No. 9/2001. These are concurrent findings of fact. No substantial question of law is involved in this appeal. Hence, the second appeal falls out of scope of section 100 of the Civil Procedure Code and as such, is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/sa398-09