: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.438 OF 2009 ALONGWITH CIVIL APPLICATION NO.1329 OF 2009 Zilla Parishad, Nashik & Anr. .. Appellants V/s. Vasant Jagannath Patil .. Respondent Mr. V.V. Gangurde for the Appellants. Mr. J.M. Pathade for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 16 TH OCTOBER, 2009. P.C.: 1. The appellant has approached this Court by way of a Second Appeal against the judgment and order of the Ad-hoc District Judge – I, Malegaon in Civil Appeal No.91 of 2001. 2. The appellant who was the plaintiff in Special Civil Suit No.4 of 1992 claimed that he had executed certain work for the respondent for which he had not been paid. He, therefore, filed the suit claiming recovery of the unpaid amounts and : 2 : damages for breach of the contract. In all, the appellant has claimed an amount of Rs.1,15,462/-. 3. The defendant, i.e. the respondent herein, denied the claim and contended that it was the plaintiff who was committed breach of the contract and was liable to pay penalty to the Zilla Parishad. 4. The suit filed by the plaintiff was dismissed. Being aggrieved, the plaintiff filed an Appeal before the District Court. That Appeal has been partly allowed. The defendant has been directed to pay Rs.60,901/- with interest @ 6% p.a. The Court held that the amount claimed by the plaintiff was not liable to be paid by the respondent-Zilla Parishad. 5. In my opinion, there is no substantial question of law raised in the present Second Appeal. The Appellate Court on the basis of the evidence on record has directed that the aforesaid amount should be paid for the work executed by the : 3 : plaintiff. 6. Therefore, the Second Appeal is dismissed. 7. In view of the above, Civil Application No.1329 of 2009 does not survive and the same is dismissed. .......