1 SA341.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 341 OF 2010 Govind Vasudeo Gutti (since deceased, through L.Rs.) 1.1 Dattatraya Govind Gutti & ors. ... Appellants Plaintiffs. v/s Laxmibai Vithal Nene ... Respondent/ Defendant. Mr.Mandar Limaye for the appellants. Mr.P.D.Pise for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 16TH DECEMBER, 2011 P.C.: 1. The appeal is directed against the judgment and order passed by the learned Civil Judge, Jr.Divn., Miraj in Regular Civil Suit No.385 of 1995 dismissing the suit of the plaintiff and of the Appellate Court in Regular Civil Appeal No.94 of 2003 passed by the District Judge, Sangli. The appellants who were the plaintiffs before the Trial Court sought an injunction against the defendants from encroaching on the suit property which they claimed as their own. They also sought an injunction against the defendants restraining them from drawing water from the well which was situated in the 2 SA341.10 property which the plaintiff claimed was their own. 2. Both the Courts below have concurrently held that the plaintiffs were unable to prove their title over the suit property. The Court has considered the document produced by the defendants at Exh.84B and found that the document pertains to the suit property and it demonstrated that the defendants had a right to draw water from the well which was in the property owned by the plaintiff’s predecessor in title. 3. The learned advocate appearing for the appellants was at pains to point out that the agreement which was produced was in respect of a property which was not the suit property and, therefore, ought not to have been relied on by the Courts below. I have perused that document. It pertains to the property bearing Survey No.3672. However, he was unable to indicate whether Survey No.3672 is the old number for a suit property as C.T.S. No.4121/C or 4122 belonging to the defendant. 4. In these circumstances, no substantial questions of law arises. 5. Appeal dismissed. (SMT.NISHITA MHATRE, J.) 3 SA341.10 4 SA341.10