1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application (Review) No.293 of 2008 in SA No.464 of 2003 [Prakash Shridharrao Vyawahare and ors. .vs. Jagannath s/o Hariprasad Ghosh and ors. ] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. S.S. Voditel, Advocate for the Appellants. Mr. P.N. Mehta , Advocate for Respondents .......... CORAM : K.J. ROHEE, J. DATED : APRIL 30, 2008 1. Heard counsel for the parties. 2. The learned counsel for the appellants strenuously urged that the plaint does not properly describe the land in question and no map of the land alleged to have been encroached upon by the appellants is filed with the plaint. There is variance in the description of the land given in the plaint and the Commissioner's map which forms part of the decree. 3. All these submissions were considered by me at the time of passing earlier order dated 15.3.2005 and I observed that though the description of the land is not properly given in the 2 plaint and no map is attached to the plaint, T. I. L. R. was appointed as the Commissioner who prepared the map and subsequently it was made as a part of the decree. Thus there is no ambiguity whatsoever in the description of the suit land and the area encroached upon. In view of this matter, no case for review is made out. The application is, therefore, dismissed. 4. At this stage the learned counsel for the appellants prays that protection for 8 weeks should be granted to the appellants. The learned counsel for the respondents strongly opposes this prayer. In the circumstances of the case I do not think it expedient to grant protection as urged. The prayer is, therefore, rejected. JUDGE halwai