1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECOND APPEAL NO.222/2010 PRAKASH SHRIHARI PAMPATTIWAR ..VS.. STATE OF MAH & ORS Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order C ORAM : SMT. VASANTI A NAIK, J. DATED : 8 th JULY, 2010 . Heard Shri De, the learned counsel for the appellant. The appellant is the original plaintiff. A suit was filed by the plaintiff for a declaration that he was the owner of 0.9 H.R. of land in village Bhadravati. He also sought a mandatory injunction for seeking direction to the revenue authorities to make the necessary correction in the survey record and correct the entry. According to the plaintiff, instead of recording that the plaintiff was the owner of 0.9 H.R., the entry was made to the effect that the plaintiff was the owner of 0.4 H.R. The defendant – State of Maharashtra denied the claim of the plaintiff and pleaded that the trial court did not have the jurisdiction to try the suit. The trial court on an appreciation of the evidence on record held that the plaintiff was entitle dto grant of declaration and mandatory as prayed by him. The first appellate court however, reversed the findings recoded by the trial court on the ground that the civil court did not have jurisdiction to issue a direction to the Collector or the revenue authorities to make necessary changes in the revenue record. The first appellate court held and rightly so that remedy available to the plaintiff was under the provisions of section 106 of the Maharashtra Land Revenue Code. The findings recorded by the first appellate court are based on 2 a proper appreciation of the facts and law on the issue involved in the case. The finding recorded by the first appellate court as regard the absence of jurisdiction in the trial court, is supported by the judgment of this court reported in 2007(2) Bombay Cases Reporter Page 99. Since no substantial question of law arises for consideration in this second appeal, the same is dismissed with no order as to costs. JUDGE SMP.