1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.116 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Ganesh G Sovani, for the appellant. None for the respondent. CORAM : D.B.BHOSALE,J. DATE : 06/10/2010. PC: Heard learned counsel for the appellant. None appears for the respondent, though served. This Second Appeal is directed against the concurrent findings of fact recorded by the courts below, by which the suit filed by the appellant-plaintiff for permanent injunction has been dismissed. The only contention urged by Mr Sovani, learned counsel for the appellant, is that despite the appointment of Court Commissioner made by the trial Court vide order dated 30.6.2001 for carrying T 2 out measurement of the suit land, the trial court decided the suit without awaiting for report of the Court Commissioner. It is very interesting to note that such contention was not raised by the appellant before the First Appellate Court nor did he object before the trial Court for hearing of the suit for want of the report of court commissioner. I have perused the judgments of the courts below and it appears from the material/evidence on record that the courts below have appreciated the same in proper perspective and hence rightly dismissed the suit. No substantial question of law is either raised or involved in this Second Appeal. The Second Appeal is dismissed. (D.B.BHOSALE,J.)