1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 128 OF 1991 Nuruddin Hasanmiya Nawade & ors........Appellants versus Ismail Mohammed Vasta since deceased through L.Rs. 1. Shabira Ismail Vasta & ors......... Respondents. Mr. S.M. Raikar for the Appellants Ms. Manisha Pant i/b Bhave & Co. for the Respondent no.1 . CORAM: R. V. MORE, J. DATED : 06th OCTOBER, 2008. P.C.: 1. Heard Mr. Raikar the learned counsel for the appellant and Ms. Manisha Pant for the respondent. The appellant is the original Plaintiff. Suit for mandatory and perpectual injunction was dismissed by the trial court. The lower appellate court confirmed the decree of the trial court by judgment and order which is impunged in the present appeal. The dispute was about strip of land abutting to the house of respondent/defendant nos.1 and 2. The appellant's claim was that said strip is part and parcel of city survey no.4092 which belong to him and defendant no.3 in common. Both the lower courts after going through the 2 documentary evidence on record negatived the appellant's contention that the said strip is part and parcel of city survey no. 4092. I do not find any error in this finding. No substantial question of law is involved in the second appeal. Second appeal is devoid of any merit and is accordingly dismissed. ( R.V. MORE, J.)