1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 640 OF 2008 Baban Kisan Deshmukh.......Appellant versus State of Maharashtra & ors........ Respondents. Mr. U.B. Nighot for the Appellant Mr. S.N. Gawade AGP for the respondents CORAM: RANJIT V. MORE, J. DATED : 24th NOVEMBER,2008. P.C.: 1. Heard Mr. Nighot learned counsel for the appellant and Mr. Gawade AGP for respondent. The appellant by this Second Appeal challenging the concurrent finding recorded by the lower courts below. The appellant filed regular civil suit for declaration that the construction made by respondent no.4 admeasuring 20x60 ft. on the road side area is illegal with consequent relief of mandatory injunction directing the respondent no.1 to remove the said construction made by respondent no.4. Injunction was also claimed against respodnent no.4 from making further construction on the road resulting into obstruction to use and enjoy the road. 2. The lower courts below concurrently held that the 2 appellant could not prove the existence of suit road as well as his alleged enjoyment of the same on the date of the suit. It was also further concurretnly held that the appellant could not prove that the construction made by respondent no.4 on the disputed side is illegal and unauthorised. The above said findings are recorded after appreciation of evidence on record. The appreciation cannot be said to be perverse. No question of law much less substantial question of law is involved. Second appeal is therefore dismissed. (R.V. More, J.)