1 S.A.No.767/10. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.767 OF 2010 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 09.12.2010. 1. This is appeal by the judgment debtor. A decree came to be passed in favour of the present Respondents for possession and mesne profits. The decree as far as possession is concerned, has attained finality. The present Respondents thereafter, initiated proceedings for inquiry into the mesne profits. After recording the evidence, the trial Court awarded mesne profits of Rs. 10,000/- (Rupees ten thousand) p.a. to the present Respondents. The appellant preferred an appeal. The appellate Court also dismissed the appeal and confirmed the judgment and decree 2 S.A.No.767/10. passed by the trial Court. The judgment debtor has assailed the said judgment and decree in the present Second Appeal. 2. Mr.S.S. Choudhari, learned counsel for the appellant submitted that the land in dispute was approximately 5 acres. There is no evidence on record to come to the conclusion that the Respondent is entitled for mesne profits of Rs. 10,000/- (Rupees ten thousand) p.a. The evidence in respect of the crops in the adjacent land has been relied upon but there is no material evidence regarding the crops and the income in the suit land Gat No.92. In such circumstances, the decree impugned could not have been passed. 3. With the assistance of the learned counsel, I have gone through the judgments. The decree as far as possession is concerned, has attained finality. In an inquiry for mesne profits, the trial Court has recorded the evidence of the parties. Even witnesses have been examined. It has come on record that river flows from the northern and southern side of suit land Gat No.92. Various crops such as ground-nut, jawar, gram is taken 3 S.A.No.767/10. and at the time when the evidence was recorded, the said crops were standing in the said field. Even it has come on record that there is motor pump and there is ample water in the well. In view of such overwhelming evidence, the Courts have awarded the amount of Rs.10,000/- p.a. as mesne profits. The conclusion drawn by the Courts below is plausible conclusion. 4. In light of the same, the Second Appeal being devoid of any substantial question of law, is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.09.12.2010. asp/office/sa767.10 4 S.A.No.767/10.