1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH SECOND APPEAL St. NO. 9823 OF 1998 Ananda s/o. Gunaji Pawade and others - - - - - Appellants versus Pandoji s/o. Gangaram Pawade and another. - - - Respondents Shri Rajendra S. Deshmukh, Advocate for the appellants. None present for the respondents. CORAM: N. D. DESHPANDE, J. Dated : 10th December 2009 PER COURT: 1. Appeal is heard at the stage of admission. 2. Heard Shri Rajendra Deshmukh for the appellants. 3. The appellants are original defendants in Regular Civil Suit No. 299 of 1993 filed by the plaintiffs who are respondents herein. Plaintiffs' suit was decreed for perpetual injunction restraining them from doing any construction upon the suit well as per Commissioner's report (Exhibit 22). The report also came to be dismissed by Order dated 31-12-1977 passed by the Joint District 2 Judge at Nanded. There is concurrent finding and the dispute is very narrow and according to appellants, it appears that it is running eastern side of the well and at no point of time it was to western side of the well. The parties are residents of a small village Puini and have taken up the issue to the extent of filing of the suit which calls for no interference. No substantial dispute or substantial question raised. Therefore, after hearing Shri Deshmukh, learned Counsel for the appellants, appeal stands dismissed summarily at the admission stage. ( N. D. DESHPANDE, J. ) pnk/sa982398