1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 52 OF 2005 Dattarya s/o Bhaurao Shirure Appellant Versus Sopan s/o Bhaurao Shirure Respondent Shri S.R. Chowkidar, advocate for the appellant. Shri S.S. Manale, advocate for respondent. CORAM: R.M.BORDE, J. DATE : 25th August, 2009. PER COURT : 1 Original defendant is raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff / respondent herein instituted a suit claiming injunction against the defendants from interfering in his user of common bandh situate between the lands belonging to plaintiff and defendants. Trial court on appreciation of evidence recorded finding that the plaintiff has established his case in respect of user of common bandh situate between the lands belonging to the parties i.e. plaintiff and defendants. Findings 2 recorded by the trial court came to be confirmed by the first appellate court in appeal presented by the original defendants being Regular Civil Appeal no. 110/2002. 3 I have perused the judgments recorded by both the courts below. The courts below have recorded finding of fact in respect of entitlement of the plaintiff in respect of user of common bandh situate between the lands belonging to the plaintiff and defendants. It is to be noted that the plaintiff and defendants are brothers interse and situation of bandh in question is located between the ancestral property which has been inherited by them. Considering the totality of the circumstances, I am of the opinion that this appeal does not give rise to any substantial question of law. Appeal therefore stands dismissed summarily. 4 In view of dismissal of the appeal, pending civil application, if any, does not survive and stands disposed of. (R.M.BORDE) JUDGE ******* dyb/sa52.05.odt