1 SA06/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 06 OF 2011 Kacharu Nathu Bhosale & Anr Appellants V E R S U S Shivaji Suryabhan Mangate Respondent Mr. V.D. Sapkal, Advocate for the appellants CORAM : A.V. NIRGUDE, J. DATED : 26th September, 2011 ORAL ORDER : 1. This appeal is challenging the Judgment and decree passed by the first appeal Court dated 6th June, 2010, in Regular Civil Appeal No. 272 of 2007. The learned Judge of the first appeal Court set aside the Judgment and decree passed by the learned Judge of the trial Court and dismissed the appellants’ suit. The appellants came to the Court with following case : 2. They said that they occupied area admeasuring 10 Hectare 93 Are on northern side of Gat No. 14 of village Georai Tanda. They said that the defendant was trying to make encroachment on their land. They said that the respondent / defendant intended to erect wire fencing around his land, which is adjacent to their land. The learned Judge of the trial Court decreed the suit, but at the first appeal stage, the learned Judge of the first appeal Court held that the suit was not viable, because the appellants / plaintiffs admitted in the cross-examination that they had no dispute with the respondent in respect of the boundary. They further admitted in the cross-examination that it is not their case that the respondent / defendant had made encroachment 2 SA06/11 on their land. They further admitted that since the respondent / defendant had proposed to erect a wire fencing around his land, they felt that in the process he would encroach on their land. Since the wire fencing was not erected, there was practically no cause of action for the suit, and for this reason, the learned Judge of the first appeal Court dismissed the suit. I find no error in the observations made by the learned Judge of the first appeal Court. No substantial question of law arises in this appeal. In view of this, the appeal stands dismissed. In view of dismissal of the appeal, Civil Application No. 29 of 2011 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/sa/6/11/26/9/11