HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA SECOND APPEAL No.1142 of 2009 JUDGMENT: This Second Appeal is directed against the judgment and decree, dated 19.02.2009, passed by the I Additional District Judge, Mahabubnagar, dismissing the appeal-A.S.No.66 of 2007, and thereby, confirming the judgment and decree, 19.06.2007, passed by the Junior Civil Judge, Shadnagar in O.S.No.34 of 2001. The brief facts are that the plaintiff claiming himself to be the owner of the suit schedule property filed the said suit seeking declaration of title and for consequential permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the said property. The trial Court, on the basis of the pleadings in the written statement, framed certain issues for trial. During the course of trial, the plaintiff examined himself as P.W-1 and one more witness was examined on his behalf as P.W-2 and marked Exs.A-1 to A-7. On behalf of the respondents, D.Ws.1 to 4 were examined and Exs.B-1 to B-34 were marked. The trial Court while answering the eight issues framed by it, came to the conclusion that the plaintiff is not entitled to the reliefs as sought for by him and accordingly, vide its judgment dated 19.06.2007 dismissed the said suit. The same was questioned by the plaintiff-appellant herein by filing A.S.No.66 of 2007 on the file of I Additional District Judge, Mahabubnagar, who dismissed the said appeal, vide judgment, dated 19.02.2009. Hence, the Second Appeal is filed under Section 100 of the Civil Procedure Code. Heard Sri M.Achutha Reddy, learned counsel for the appellant. According to the learned counsel for the appellant, the following are the substantial questions of law: 1. Whether the Court below is justified in dismissing the suit or not? 2. Whether the Court below exercised it discretion in appreciating the pleadings and evidence on record or not? In my considered view, the said questions are neither questions of fact nor questions of law. The requirement to file a Second Appeal under Section 100 of the Civil Procedure Code is that there shall be substantial question of law. As stated supra, the questions of law raised in the memorandum of grounds of appeal cannot be termed as substantial questions of law and accordingly, I see no merit in the Second Appeal and the same is liable to be dismissed. In the result, the Second Appeal is dismissed. However, there shall be no order as to costs. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 20th August 2010 dr