-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 607 OF 2008 Shri Laxman Gopal Kanhere .. Appellant. (Org.Plaintiff) V/s. Sou Rajeshri Pandurang Nagarkar & Anr. .. Respondents. (Org.Plaintiff) --- Mr. Uday Warunjikar for the Appellant. Mr.R.M.Pethe for the Respondent No.1. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 30th September, 2008. DATED : 30th September, 2008. DATED : 30th September, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Warunjikar, learned counsel for the appellant and Mr.Pethe, learned counsel for the Respondent. 2. This is the plaintiff’s second appeal. The suit for injunction simpliciter was dismissed by the trial court. The appeal to the lower appellate court is also dismissed. 3. Mr.Warunjikar, learned counsel for the appellant submitted that though the suit property went to the share -: 2 :- of the respondent in partition effected in the year 1974, the plaintiff remains in possession of the same continuously for more than 12 years without any obstruction by the respondent and therefore, he becomes owner by adverse possession. On the basis of the above pleadings, he claimed permanent injunction. 4. Mr. Warunjikar submitted that in the absence of the written statement, the contentions in the plaint have gone uncontroverted and therefore, the suit ought to have been decreed. In my view this submission is without any merit. It was plaintiff’s case that he became owner of the suit property by adverse possession. It is for him to prove that he is in possession of the suit property without obstruction for 12 years. The plaintiff must stand or fall on his own evidence and the lacuna in the case of defendant-respondent cannot be taken advantage of. Concurrent findings of fact is recorded that the appellant -plaintiff failed to prove his possession over the suit property and consequently, his suit came to be dismissed. I do not find any question of law much less substantial question of law in this appeal. 5. The appeal is devoid of any merit and the same is dismissed as such. -: 3 :- (R.V.MORE,J.)