1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO.570 OF 2003. Khatijabee W/o Shaikh Gani ..APPELLANT VERSUS Shaikh Gani S/o Shaikh Mehtab and others. ..RESPONDENTS Mr.P.D. Bachate, holding for Mr.R.S. Shinde, Advocate for appellant. Mr.Madhav Gude, Advocate for respondent no.2. Mr.U.R. Kulkarni, Advocate for respondent no.3. CORAM : A.V.NIRGUDE, J. DATE :4TH FEBRUARY,2010 PER COURT : 1. This appeal is filed against the concurrent findings of the Courts below that the appellant/plaintiff could not prove that the suit land which was given to her in lieu of Mehr and that she was put in possession of the same, before the respondent no.1, her husband, sold it to respondent no.2. 2. The appellant asserted that she has clinching evidence in the form of Shiyanama, in which the respondent no.1 her husband agreed to give her 4 Acres 2 agricultural land in lieu of her Mehr, but the particulars of the land were not mentioned in it. Later on, in 1992, for the first time the respondent no.2 came in possession of 4 Acres land, which he received in family partition. The mutation to that effect was recorded in 1992. Unfortunately, the appellant did not get this land from the husband and did not possess it for no further mutation in respect of the said land was recorded in favour of the appellant. 3. The appellant's case that she was put in possession of the said land after 1992 has not been believed by the Courts below. Even though, it can be said that the appellant has her right to get agricultural land to the extent of 4 Acres from her husband in lieu of her Mehr is still intact, the said right is not apparently connected to the suit land. The second appeal does not give rise to any substantial question of law. The Second Appeal stands dismissed accordingly. 4. In view of the dismissal of the second appeal, civil application no.6195/2003 does not survive and hence stands dismissed. (A.V. NIRGUDE, J) GAS/sa570.03 3 Khatijabee W/o Shaikh Gani, Age : 38 years, Occ : Household & Agriculture, R/o Gangapur, Tq. & Dist.Latur. ..APPELLANT VERSUS 1. Shaikh Gani S/o Shaikh Mehtab, Age : 48 years, Occ : agriculture, R/o Gangapur, Tq. Latur. 2. Vaijinath S/o Govindrao Dhage, Age : 32 years, Occ : Agriculture, R/o Gangapur, Tq.Latur. 3. Syed Mehamud Imamsaheb-died- L.Rs. 3-A Jalil Mehamud Sayyed, Age : 33 years, Occ : Labour/Agri., R/o India Nagar, Latur, Dist.Latur. 3-B Mukhtar Mehamud Sayyed, Age : 31 years, Occ : Labour/Agri., R/o Osmanpura, Dist.Latur. 3-C Iftekar Mehamud Sayyed, Age : 28 years, Occ : Labour/Agri., R/o As above. 3-D Farique Mehamud Sayyed, Age : 25 years, Occ : Labour/Agri., R/o As above. 3-E Khaisar Mehamud Sayyed, Age : 39 years, Occ : Household, R/o Lohara, Tq.Lohara, Dist. Osmanabad. 3-F Afsar Mehamud Sayyed, Age : 37 years, Occ : Household, R/o Bhatangali, Tq. & Dist.Latur. 4 3-G Shama Mehamud Sayyed, Age : 21 years, Occ : Household, R/o Latur, Dist.Latur. 3-H Shahin Mehamud Sayyed, Age : 21 years, Occ : Household, R/o Ausa, Tq.Ausa, Dist.Osmanabad. 3-I Halimabee Mehamud Sayyed, Age : 65 years, Occ : Household, R/o Osmanpura, Tq. & Dist.Latur. RESPONDENTS Mr.P.D. Bachate, holding for Mr.R.S. Shinde, Advocate for appellant. Mr.Madhav Gude, Advocate for respondent no.2. Mr.U.R. Kulkarni, Advocate for respondent no.3.