1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 265 OF 2005 Popat pandurang Kulkarni........Appellant versus Shrikrishna Madhav Bhonde ........ Respondent. Mr. P.N. Joshi for the Appellant CORAM: RANJIT V. MORE, J. DATED : 20th NOVEMBER,2008. P.C.: 1. Heard Mr. Joshi learned counsel for the appellant. 2. The appellant is the original Plaintiff. His suit for declaration and injunction is dismissed. The respondent/defendant's counter claim was partly allowed. The injunction was granted in favour of the respondent and against the appellant/plaintiff restraining him from interfering the respondent's enjoyment in the suit property to the extent of 15' X 26.5'. The appeal court confirmed the trial court's decree. The plaintiff claims the relief on the basis of oral agreement. Both the lower courts below concurrently held that the plaintiff failed to prove the oral agreement. The above findings are recorded after appreciaiton of evidence on record. The appreciation cannot be 2 said to be perverse. No question of law much less substantial question of law is involved. Second appeal is accordingly dismissed. (R.V. More, J.)