1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. SECOND APPEAL NO.750 OF 2009 WITH CIVIL APPLICAITON NO.11061 OF 2009 Ananta S/o Mahadeo Sirsat ... Appellants VERSUS Babu S/o Karbhari Sirsat and others ... Respondents ... Mr. Sachin Deshmukh,Advocate for appellant ... CORAM: A.V.NIRGUDE,J. Date : 16th OCTOBER, 2009. PER COURT : 1. This second appeal is filed against the findings of the First Appellate Court. The respondent is plaintiff, who filed suit to prevent the interference in his portion of land by the appellant. It was his case that the appellant has two acre land on the Northern side of his land. His land admeasured 25 R only. The appellant challenges this version saying that the respondent’s land does not lie towards southern side of his land. During the pendency of the suit, the trial court appointed Court Commissioner, a Cadestral Surveyor, who in presence of the parties took measurement of the 2 lands, identified two acres land of the appellant, situated on the Northern side and also identified the land of the respondent which was found lying next to the land of the appellant towards Southern side. Having fixed the boundaries between the appellants’ land and respondent’s land, the Surveyor, infact, solved the problem and the dispute. The learned Judge of the First Appellate Court appreciated this properly and directed to the appellant not to interfere in the respondent’s 25 R land. The findings given by the First Appellate Court is duly based on the facts. No substantial legal question of law arise in this appeal. Therefore, the appeal stands dismissed. Consequently, the Civil application No.11061 of 2009 stands disposed of. (A.V.NIRGUDE,J.) MTK./SA.750.09 3