IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.300/2005 Sau. Bebi Karare ..vs.. Pandurang Naitam & 15 =================================== CORAM: S.R. DONGAONKAR, J. DATE:22.7.2008 Heard Mr. Naik, Advocate for the appellant and Mr. De, Advocate for the respondents. The appellant has filed the Special Civil Suit No. 2/96 in the court of Civil Judge, Senior Division, Gadchiroli to seek the specific performance of the contract in respect of the suit field. The learned trial Judge decreed the suit partly. Claim of specific performance of the plaintiff was rejected. However, he was granted the decree of refund of earnest money. The appellant took the matter to the appellate court by filing R.C.A. 23/2001. The appeal was dismissed by the learned 2nd Ad-hoc Additional District Judge, Gadchiroli. This second appeal takes exception to that judgment and decree. I have gone through the judgments of the trial court as well as of the lower appellate court. It is not possible to say that they have exercised wrong discretion while rejecting the claim of the plaintiff / appellant for specific performance of the contract. The appellant has been granted decree of refund of earnest money and therefore, the judgment of the trial court as well as of the appellate court seems to be equitable. Though there appears to be so many points stated in the appeal, to mean them to be substantial questions of law, as the relief claimed by the appellant was discretionary relief and as the trial court and the appellate court have exercised their discretion properly, I do not find that questions can be considered as substantial questions of law, for which this second appeal can not be entertained. Accordingly the second appeal is dismissed. No order as to costs. JUDGE smp