1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 226 OF 2008 WITH CIVIL APPLICATION NO. 923 OF 2007 Ashok Nivrutti Chakor & anr...... Appellants Vs. Smt. Yamunabai G. Gosavi .... Respondent Mr. R.R. Mahagaonkar Adv. For the appellants Mr. Suresh M. Sabrad Adv. For the respondent. CORAM : R.G. KETKAR, J. DATE : 6th July, 2010. P.C. : 1, Heard Mr. Mahagaonkar, learned counsel for the appellants and Mr. Sabrad, learned counsel for the respondent. 2. This appeal is preferred by the original defendant challenging the judgment and decree dated 26-2-2007 passed by the Adhoc District Judge-1, Niphad in Regular Civil Appeal No.11/03 arising out of the judgment and decree dated 29-11-2002 passed by the Joint Civil Judge, Junior Division, Niphad in R.C.S. No.84/2000. By these judgments and decree, the courts below decreed the suit instituted by the respondent for recovery of Rs. 38,000/-. 2 3. Mr. Mahagaonkar, learned counsel for the appellants submitted that taking in advantage of illiteracy of the appellant Ashok Nivrutti Chakor, the respondent herein obtained his thumb impression on the document which is styled as usanwar deed dated 7-6-1993. He therefore prayed that the impugned judgments and decrees are liable to be set aside. On the other hand Mr. Sabrad supported the impugned judgment and decree. 4. After hearing the learned counsel for the parties and after considering the evidence on record, I find that the courts below have appreciated the evidence on record in proper perspective. It cannot be said that the courts below decreed the suit in the absence of any evidence on record. It cannot be said that the courts below misread the evidence on record and the impugned judgment suffers from any perversity. No substantial question of law is involved in this appeal. Hence appeal is dismissed with no order as to costs. 5. In view of the dismissal of the Second Appeal, no orders in the Civil Application are necessary and the same is also dismissed. [R.G. KETKAR, J.] 3