1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 551 OF 2005 Abdul Rahim s/o Abdul Karim Appellant Versus Municipal Corporation, Aurangabad & another Respondents Shri S.V. Gangapurwala, advocate for the appellant. CORAM: R.M.BORDE, J. DATE : 20th August, 2009. PER COURT : 1 This is an appeal by original plaintiff raising exception to the concurrent judgments recorded by the courts below. 2 Suit was presented by the plaintiff claiming decree of perpetual injunction against defendant Municipal Corporation. Suit property is municipal house no. 4/11/68/667 which forms part of survey no. 4, Hattayasingpura, Kiradpura, Aurangabad. Considering the evidence lead by the parties, trial court was not convinced as regards merits of the contentions raised and as such dismissed the suit. Judgment and decree passed by the trial court is confirmed by the first appellate court in 2 Regular Civil Appeal No. 270/1997 decided by Adhoc Additional District Judge, Aurangabad. 3 I have perused the judgments recorded by both the courts below. Questions agitated in the appeal are essentially the matters relating to appreciation of evidence. No substantial question of law arises for consideration in the appeal. Appeal therefore stands dismissed summarily. 4 Learned counsel for the appellant states that remedy is available to the plaintiff to approach the Municipal Corporation seeking regularisation of the construction. Disposal of this appeal obviously is not an impediment in pursuing any alternate remedy, if available, for the plaintiff. 5 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. (R.M.BORDE) JUDGE ******* dyb/sa551.05.odt 3