1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.347 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The appellants are original defendants against whom suit (RCS No.213/1993) was filed for injunction simpliciter. The appellants resisted the suit. It was case of the appellants that the sale deed was executed by their deceased father by name Shankar on condition that if loan would be repaid, the suit property will be reconveyed and thus it was a mortgage created vide the document. It was alleged that the description of the property was not properly given by the plaintiff. A counter claim was put forth by the appellants. They sought recovery of the suit property alleging that the sale deed executed by Shankar in 1972 was a conditional mortgage and they were ready to repay the debt. The trial Court decreed the suit for injunction and dismissed the counter claim. The first appellate Court confirmed the findings of the trial Court. Thus, there are concurrent findings of facts of both the Courts below. The Courts have held that the plaintiff is in possession of the suit property i.e. the agricultural land bearing Gat No.393 (S.No.105) as described in the plaint situated at village Dongaon. Both the Courts have further held that the appellants failed to prove their case regarding alleged mortgage transaction and counter claim was put forth after 25 years just to retaliate the suit for injunction. 3. Considering the concurrent findings rendered by the Courts below, there appears no substantial question of law involved. Hence, the Second Appeal is dismissed. (V.R.KINGAONKAR,J.) Dt.17.11.2009. asp/office/sa347.09