1 S.A. 651.2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 651 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. Deshpande, Advocate holding for Mr.V.D.Gunale,Advocate for the appellant. ................... CORAM : S.V.GANGAPURWALA, J. DATE : 08/12/2010 PER COURT : 1. This is plaintiff’s Second Appeal. 2. The plaintiff had filed Suit for declaration that the sald deed executed by the plaintiff in favour of the defendant is the security document and injunction. Both the Courts below dismissed the Suit. The plaintiff has assailed the said Judgment in the present Second Appeal. 3. Mr. Deshpande, learned counsel for the appellant submits that the Courts have not properly appreciated the evidence on record. The sale deed was got executed by fraud. The oral evidence that has been led in this regard has not at all been considered. The Judgment 2 S.A. 651.2010 suffered from perverse appreciation of evidence. 4. With the assistance of the learned counsel, I have gone through the Judgment. 5. The Courts below have observed that the plaintiff could not prove that the sale deed was obtained by fraud, mis representation or that it was without consideration. The details of the same were also not given as is required under Order VI Rule 4 of the Code of Civil Procedure. 6. In light of the above, the Second Appeal being sans substantial question of law is dismissed, however, with no order as to costs. 7. In view of dismissal of Second Appeal, the Civil Application does not survive and is disposed of. [ S.V.GANGAPURWALA ] JUDGE knp/SA 651.2010