-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 368 OF 2008 ALONGWITH CIVIL APPLICATION NO. 947 OF 2008 IN S.A.NO. 368 /2008 Ramchandra Ganpat Nikam & Anr. .. Appellants. V/s. Sopan Ramhari Nikam .. Respondent. --- Mr. Surel S. Shah for the Appellants. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 07th OCTOBER, 2008. DATED : 07th OCTOBER, 2008. DATED : 07th OCTOBER, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Surel Shah, learned counsel for the appellants. 2. The appellants are the original defendants. The respondent’s suit for injunction simplicitor, restraining the appellants from obstructing him from drawing water from the suit well to the extent of his share of 6 anna in the suit well was decreed. The appellants’ appeal, challenging the trial court decree was dismissed by the lower appellate court’s judgment and order which is impugned in the present second appeal. -: 2 :- 3. There is no dispute that the appellants/defendant nos. 1 and 2 being the son of Ganapati got 2 annas share in the suit well. There is no dispute that the respondent being the son of Ramhari gets 2 anna share in the well. There is also no dispute that Shrimant after the death of Bapu has got 4 annas share in the suit well. The case of the respondent no.1-plaintiff that the 4 anna share of Shrimant was assigned to him and therefore, he is entitled to 6 anna share of 4 annas in the suit well. Shrimant admitted the plaintiff’s claim about assignment of 4 annas share in the well. 4. The facts stated above do show that the respondent -plaintiff is entitled to take water of his 6 annas share in the suit well. Both the courts below appreciated the respondent no.1 plaintiff’s case from the correct point of view. The second appeal does not involve any question of law much less substantioal question of law and the same is, therefore, dismissed as such. 5. In view of the dismissal of the second appeal, nothing survives in the civil application and the same is disposed of as such. (R.V.MORE,J.)