1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 94 OF 2010 Sudarshan Chandrakant & Co. .. APPPELLANT VERSUS Vishvanath s/o Gangaram Gujrathi .. RESPONDENT Mr. A.K. Tiwari, Advocate for the appellant. ===== CORAM : R. M. BORDE, J. DATE : 3 rd February, 2010. PER COURT : 1 This is an appeal by original plaintiff raising exception to the concurrent judgments recorded by the courts below. 2 Plaintiff instituted suit against the defendant, his cousin, seeking recovery of amount of Rs.50,000/- alongwith interest @ 18% per annum from the date of advancement of the sum till realisation of the amount. Defendant has appeared and denied the contentions raised by the plaintiff in respect of the alleged loan transaction. Trial court as well as the first appellate court on appreciation of evidence placed on record by the 2 parties have recorded finding of fact that the plaintiff h as not established his case in respect of advancement of sum of Rs.50,000/- in favour of his brother/defendant and as such the suit as well as the appeal came to be dismissed. 3 I have perused the judgments recorded by both the courts below. The courts below have adopted a reasonable view of the matter and on appreciation of evidence placed on record have recorded finding based on appreciation of fact that the case put up by the plaintiff has not been established by him. No substantial question of law arises for consideration. Appeal therefore stands dismissed summarily. 4 In view of dismissal of appeal, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/sa94.10.odt