IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 130 OF 2008 Ramchandra Nivruti Patil ...... ...... ...... Appellant V/s Kisan Shankar Jagdale & Ors. ...... ...... Respondents. Mr.S.G.Kudle, Adv. For the appellant. Mrs.Jai Kanade h/f Mr.G.S.Godbole, Adv. For respondents 1& 2. CORAM: R.V. MORE, J. 10th NOVEMBER, 2008. PC: Heard Mr.Kudle, learned advocate for the appellant and Mrs.Kanade, learned advocate for the respondents. The appellant is the original plaintiff. His suit for injunction restraining the defendant from obstructing him from cutting one babool tree and eight neem trees came to be dismissed. The appellant preferred an appeal before the lower appellate Court and the lower appellate court partly allowed his appeal. Injunction in respect of one babool tree and two neem trees is granted. The appellate court granted injunction and partly allowed the suit on the basis of DILR' S report which shows that the above said three trees are there in gat No.2 which belong to the present appellant. The lower appellate 1 court passed the impugned order after appreciating the evidence on record. The appreciation of evidence cannot be said to be perverse. No question of law, much less a substantial question of law is involved. Hence second appeal is dismissed. 10.11.08 (R.V. MORE, J.) 2