1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 251 OF 2008 WITH CIVIL APPLICATION NO. 861 OF 2006 Namdev Kondiba Waghmode ........Appellant versus Masaji Nama Kawade & ors........ Respondents. Mr. Sachin Dhakephalkar adv. for the Appellant Mr. Amit Karande adv. for the respondents 4,5 & 6. CORAM: RANJIT V. MORE, J. DATED : 15th DECEMBER,2008. P.C.: 1. Heard Mr. Dhakephalkar learned ciounsel for the appellant and Mr. Karande for the respondent. The appellant is original plaintiff and the respondent is original defendant. Suit was filed for specific performance of agreement dated 4-3-1974. Both the lower courts below concurrently held that the appellant/plaintiff could not prove that the respondent/defendant agreed to sell the suit land for an amount of Rs. 1300/-. This findings has recorded after appreciation of evidence on record. Appreciation cannot be said to be perverse. No question of law much less substantial question of law is involved. Second Appeal is accordingly dismissed. 2 2. In view of the dismissal of second appeal, civil application does not survive and the same is also dismissed. (R. V. More, J.)