1 S.A.919/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 919/2009 NARAYAN S/O PIRAJI GAWARE AND OTHERS VS. ANGAD S/O KESHAVRAO SHINDE AND OTHERS Mr. R.K. Ashtekar, Advocate for the appellants. Mr. C.R. Deshpande, Advocate for respondent No.1. CORAM : A.V. NIRGUDE, J. DATED : 23rd June, 2011. ORAL ORDER: 1. This appeal is filed against findings of the Courts below that the respondents are in possession of the suit land which has area of 1 acre 10 gunthas out of land Gat No.23 of village Girakchal Tq. Nilanga District Latur. It is the case of the respondents / plaintiffs that they had purchased this land from the present appellants’ father in the year 2000 and they have been occupying the same. There is clear indication that the present appellants did not feel aggrieved because of this transaction. They even filed a suit for challenging legality of the transaction but ultimately failed. It is also admitted fact that in respect of the remaining area of Gat No.23, there is one more litigation pending between the parties. However, there is clear indication and the Courts below held so, that the respondents are in possession of the suit land since the year 2000. The Courts below therefore, passed decree against the appellants. The appellants did not oppose the suit by filing written statement. Despite of this, the learned judge of the trial court erroneously dismissed the suit. But the first appellate Court 2 S.A.919/2009 corrected this error and granted decree after hearing the present appellants. During the pendency of this appeal, no attempt was made to seek permission of the Court to file written statement and to oppose the suit on merits etc.. Even today, such request is not made. There is absolutely no reason why the finding of the learned judge of the first appellate Court should be disturbed. The appeal should therefore, fail. The appeal stands dismissed. [A.V. NIRGUDE,J.] ts k/2011/June23/sa919.09