Smt Genabai Vasram Rathod And Others v. Udhav Ramesh Rathod

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Second Appeal No. 377 of 2013 Smt Genabai and ors v. Udhav ______________________________________________________________________ _ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. G. Shukla, Adv for appellants Mr J. Y. Ghurde, Adv for respondent CORAM : A.V. NIRGUDE, J DATED : 25th March 2015 1.

CAS No. 113 of of 2014 : Heard.

Application for appointment of Court Commissioner stands rejected.

2.

SA No. 377 of 2013 : The appeal challenges concurrent findings recorded by the Courts below that the appellants/plaintiffs could not prove that the suit Well and suit Mango Tree are situated within the boundaries of their land which is bearing Khasra No. 37/1-E.

3.

Although the defendant did not try to prove that these two objects are located in his land Khasra No. 37/1, since the appellants/plaintiffs failed to prove their case, the suit was dismissed. To prove location of the above-mentioned two things, appellants/plaintiffs were under obligation to lead proper evidence. The Courts below did not accept their case mainly because evidence was lacking.

4.

No substantial question of law arises.

Appeal stands dismissed. No costs.

JUDGE joshi