sa617.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ SECOND APPEAL NO. 617 OF 2011 NANA ULAJI CHAURE L.RS. THAKUBAI NANA CHAVARE AND ORS VERSUS TREMBAKRAO WAMANRAO CHAURE AND ORS ... Advocate for Petitioners : Mr. Vivek Bhavthankar Advocate for Respondents : Mr.M.P. Pawde h/f Mr. Rajendra Deshmukh for R/3. ... CORAM : S.S. SHINDE, J. Dated: December 19, 2011 ... Heard. 2 This second appeal takes exception to the judgment and order passed by the Courts below thereby rejecting the suit filed by the appellants and further the appeal too. 3 Upon perusal of the points framed by the sa617.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ courts below, it appears that there was specific point in respect of assertion of the plaintiffs as to whether the plaintiffs prove that the suit property is their ancestral property. The plaintiffs pleaded that by way of mortgage deed, the said property was given to the ancestors of the defendants for 51 years. However, admittedly, the said document was not placed on record. However, in absence of mortgage deed, both the Courts below have held that the plaintiffs failed to prove that the suit property is their ancestral property. There are concurrent findings recorded by the Courts below. No evidence was placed on record by the appellants to prove their case. Upon perusal of the grounds taken in the second appeal, none of the grounds appeals to this Court to consider this second appeal. No substantial sa617.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ question of law is raised for consideration in this second appeal. It is true that it is stated by the appellants that both the Courts have wrongly accepted the case of the respondents that they are owners on adverse possession. However, the plaintiffs themselves could not prove that they are owner of the suit property. 4 In that view of the matter, second appeal is devoid of any merits and the same stands dismissed. (S.S. SHINDE, J.) PLK/*