1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO.830 OF 2009 Ahemad Khan S/o Deewankhan ..Appellant V/s Chief Officer, Municipal Council Hingoli ..Respondent ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Mr.S.M. Godsay, Advocate for appellant. ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ (CORAM : V.R.KINGAONKAR,J.) DATE : 26th November, 2009. PER COURT : 1. Heard Counsel. 2. The appellant is the original plaintiff. He had filed the suit (R.C.S. No.204/2002) for perpetual injunction, seeking protection against alleged demolition notice issued by the respondent Municipal Council. The suit was dismissed. He preferred the appeal vide R.C.A. No.23/2006, which also came to be dismissed. Both the Courts below rendered concurrent findings of fact. It has been held that the appellant failed to prove that construction of wall was lawfully made and that he substantiated the allegation that the house property was in dilapidated condition and it 2 requires only repair of some portion. The Courts below have held that the notice of demolition under section 189 of the Maharashtra Municipalities, Nagar Panchayat and Industrial Township Act, 1965 was quite legal and proper. 3. What appears from the record is that the appellant claimed his possession in respect of open plot adjoining to Paltan Masjid situated at Hingoli. He raised the construction of compound wall and alleged that he has only repair portion of the house property. The Municipal Council had given him notice under section 189(1)(a) of the Maharashtra Municipalities, Nagar Panchayat and Industrial Township Act, 1965. Whether the construction of 10 x 3 ft. wall of the appellant was the work of repair or it was a new construction is the question of fact. The findings of fact rendered by Courts below can not be interfered with in exercise of second appellate jurisdiction. The appeal is outside the scope of section 100 of the Civil Procedure Code. The appeal is therefore dismissed. (V.R.KINGAONKAR) JUDGE GAS/sa830.09