1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 86 OF 2006 WITH CIVIL APPLICATION NO. 159 OF 2006 Bablya Mukund Todankar........Appellant versus Gurunath Sahadeo Borkar ........ Respondent. Mr. J.K. Jadhav for the Appellant Mrs. Teja Katdare with Alpa Javeri for the respondent CORAM: RANJIT V. MORE, J. DATED : 20th NOVEMBER,2008. P.C.: 1. Heard Mr. Jadhav learned counsel for the appellant and Mrs. Katdare for the respondent. 2. The appellant is the original Plaintiff. His suit for permanent injunction and damges is dismissed. He then approached the lower appellate court by filing an appeal and the same was also dismissed. The lower appellate court recorded finding of fact that the appellant/plaintiff failed to prove his possession over the suit property and consequently perpectual injunction as claimed was refused. The above finding of fact is recorded after appreciation of evidence on record. The appreciation cannot be said to be perverse. No question of law 2 much less substantial question of law is involved. Second appeal is accordingly dismissed. 3. In view of the dismissal of the Second Appeal, Civil Application does not survive and the same is also dismissed. (R.V. More, J.)