1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.934/2009. (Bhagwan Kachru Salve, died L.Rs. Gulab Salve and Ors. Vs. Ashru Dulba Salve and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.Kamlakar Suryawanshi, Adv. for appellants; ________ CORAM : K.U.CHANDIWAL, J. DATE : 23 rd March, 2010. ... 1) Heard. 2) This Second Appeal is by the defendants, feeling aggrieved by the adverse findings recorded by both the courts in spite of dismissal of the suit. 3) The learned Judge, on analysis of the evidence, found that the plaintiffs failed to prove their exclusive title over the land Survey No.89/3, as the said land was sold by deceased Dulba in the year 1945 in favour of deceased defendant for Rs.150/- to the extent of half portion and consequently, the Court found that plaintiffs could not be said to be exclusive owner of the suit property. Though plaintiff's possession over the property is established and Court has also found that for last 5 to 6 years, the property remained 2 uncultivated/barren due to interse controversies. These details made the learned Judge to dismiss the suit. I do not see that the findings recorded by both the courts, operating against the defendants, are contrary to the record. No interference is called. It is pertinent, this appeal is already dismissed as against Balasaheb s/o Dulba Salve and Raghunath s/o Dulba Salve. Second Appeal dismissed. (K.U.CHANDIWAL) JUDGE bdv/sa934.09