sa1013-02.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 1013 OF 2002 Raghunath Ramchandra Akolkar, since deceased ... Appellants through Lrs.- 1.Vijay Ramchandra Akolkar & Ors. V/s. Shamrao Balkrishna Akolkar ... Respondent. --- Mr. Umesh Mankapure for the Appellants. --- CORAM:- GIRISH GODBOLE, J. DATED :- 19th SEPTEMBER, 2011. P.C. : 1 Heard Mr. Mankapure for the Appellants. 2 Respondent had filed RCS No. 1117/1995 for declaration and permanent injunction in respect of the Well stated to be situated in his land Gat No. 125. According to the Appellant/Defendanat, it was located in Gat No. 105. A Surveyor was appointed as Court Commissioner who carried out measurement and submitted a report. He was examined. The measurement map was duly proved in evidence at Exh. 50. After considering the said map, the Sale Deed executed in favour of the Plaintiff at Exh. 33 and the extract of survey at Exh. 34, the Trial Court decreed sa1013-02.sxw 2 the suit on 25th November, 1997 and the said Decree has been confirmed by the learned 4th Addl. District Judge, Nashik, who dismissed the Civil Appeal No. 426 of 1997 on 3.2.2001. The First Appellate Court has independently assessed the entire evidence. 3 Mr. Mankapure submits that there is a delay in preparing map of measurement and that the report submitted is factually incorrect. However, it is not shown as to how the delay has vitiated the conclusions reached and findings recorded by the Appellate Court and the Trial Court which are pure findings of facts. No question of law arises. 4 Second Appeal is dismissed. [GIRISH GODBOLE, J.]