1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Second Appeal No.910 Of 2009 With Civil Application No.11530 Of 2009 Shahaji S/o Shankarrao Kadam And Another. ... Appellants. Versus Sheshrao S/o Shankarrao Kadam And Others. ... Respondents. -------- Shri. S.S. Choudhari. Advocate for the appellants. Miss Megha Vaishnav, holding for Shri. Amol Gandhi, Advocate for respondent Nos.1 and 2. -------- CORAM: R.M. BORDE, J. DATE: 24th FEBRUARY 2010 PER COURT : 1) This is an appeal by the appellants/ original plaintiffs raising exception to the concurrent judgments passed by the Courts below. The dispute is in respect of two mango 2 trees standing on the common boundary of the lands belonging to the plaintiffs and the defendants. The plaintiffs are claiming their exclusive entitlement over these fruit bearing trees. Both the Courts have recorded finding against the plaintiffs. 2) Considering trivial nature of the dispute and in view of the fact that the concurrent finding is recorded by the Courts below holding the plaintiffs disentitled for the relief claimed, I am of the opinion that, no case is made out for exercise of jurisdiction under Section 100 of the Code of Civil Procedure. No substantial question of law arises in the appeal. 3) The appeal is, therefore, dismissed. The pending civil application does not survive, it stands disposed of. (R.M. BORDE, J.) rsl/ sa.910.09