1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 1309 OF 2005 Bhaskar Dodhu Patil .. APPELLANT VERSUS Arjun Hari Jawle .. RESPONDENT Shri S.P. Shah, Advocate for the appellant. ===== CORAM : R. M. BORDE, J. DATE : 22 nd September 2009 PER COURT : 1 This is an appeal by original defendant raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted suit being Regular Civil Suit no. 25/1983 claiming specific performance of agreement executed by defendant in favour of plaintiff on 4-1-1982 as well as for possession of the property involved in the suit. Defendant though appeared did not file written statement. Evidence led by the plaintiff was accepted by the trial court and on consideration of the evidence led by plaintiff, trial court was pleased to grant decree in 2 favour of plaintiff on 31-10-1982. Judgment and decree passed by the trial court was subjected to challenge in Regular Civil Appeal no. 185/1996 which came to be heard and disposed of by 2 nd Additional District Judge, Jalgaon who was pleased to dismiss the same by judgment dt. 22-9-2004. 3 I have perused judgments recorded by both the courts below. Defendant has not filed his written statement on record after causing his appearance. Contentions raised by plaintiff in the plaint have not been resisted by defendant. In these circumstances, judgment and decree passed by the trial court cannot be said to be erroneous. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed. 4 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa1309.05.odt