1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.1593 Of 2004 Pralhad Damu Shendge and others .. Petitioner Versus Janardanbuwa Raghunathbuva Patangankar .. Respondents --- Mrs. M.A. Kulkarni , Advocate for the petitioner, CORAM : K.U. CHANDIWAL,J. DATE : 5th April, 2010. ORAL ORDER :- 1] The plaintiff sought declaration and injunction against the defendants including possession. He lost before the court of first instance. In the appeal, he succeeded. The aggrieved defendant is in second appeal. 2] The counsel for the appellant submits that the Muntkhab to which the plaintiff has placed reliance is not at all proved before the court of first instance, and giving reliance thereon, by the appellate court is an error in law. 3] With the assistance of both the learned counsel,I have gone through the original record. In deed, the original Muntkhab 2 issued by the then Government was on record. After disposal of the matter, by an application, the original was received under the permission of the court and xerox copy was substituted. It will, in all situation, amount that the original was on record. 4] The other objection is, the property was in possession of the Government. The reasons are assigned by the plaintiff in para.6 as to what has transpired. The plaintiff has placed on record the tax payment receipt in relation to the Mausoleum/Samadhi in the field. The plaintiff has also produced his status to be a person belonging to the branch of Swami Janardhan who equally had the nexus or sentiment to be attached with the Mausoleum/Samadhi. 5] As against this, the defendant could not produce any document authorizing him either to retain the possession or to qualify himself as Archak/priest of the said Mandal. 6] The finding recorded by the appellate court depict correct disposition of law. He was certainly justified in interfering with the orders of the court of first instance. Second appeal does not project any question of law, much less, substantial question of law. Dismissed. No costs. [K.U. CHANDIWAL, J.] grt/