IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 590 OF 2006 WITH SECOND APPEAL NO. 805 OF 2006. Hanmant Aba Lohar... ..... ..... ...Appellant V/s Hussain Ramjan Tamboli ..... ..... ...Respondent. Mr.Pankaj Deokar i/by Mr.R.S.Kate, Adv. for the appellant. Mr.P.M.Arjunwadkar i/by Mr.G.S.Godbole, Adv. for the respondent. CORAM: A.P.DESHPANDE, J. 18th FEBRUARY, 2009. PC: The present appeals are filed by original defendant No.2 and defendant No.4 separately calling in question the legality and validity of common judgment and decree passed by the first appellate court. The plaintiff/respondent instituted a suit for removal of encroachment. He led documentary and oral evidence to establish encroachment by defendant No.2 over a specified portion of land so also in respect of encroachment by defendant No.4. The trial Court decreed the suit in favour of the plaintiff and against the defendant No.2. However the suit came to be dismissed against defendant No.4. Aggrieved thereby the defendant No.2 filed first appeal before the District Judge and similar appeal was also filed by original Plaintiff 1 No.4. The appeal filed by defendant No.2/appellant being Second appeal No.590/06 came to be dismissed and the appeal filed by original plaintiff has been decreed against defendant No.4 and defendant No.4 was directed to hand over the possession of 4 ars. Of land to the plaintiff. Aggrieved by the same present appeals are filed. Perused the judgment. On appreciation of evidence finding of fact is recorded that the present appellants have encroached upon the suit land which is owned by the plaintiff. No substantial question of law emerges for consideration. Hence both the appeals are summarily dismissed. 18.2.2009. 2