1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIAL APPELLATE JURISDICTION SECOND APPEAL NO. 567 OF 2008 WITH CIVIL APPLICATION NO. 1430 OF 2008 Atmaram Bhalchandra Badve.....Appellant versus Manohar Bhalchandra Badve......... Respondent. Mr. P.S. Dani for the Appellant Mr. Uday Warunjikar for the Respondent. CORAM: R. V. MORE, J. DATED : 01st OCTOBER, 2008. P.C.: 1. Heard Mr. Dani learned counsel for the appellant and Mr. Uday Warunjikar learned counsel for the respondent. The appellant is original defendant. The respondent's suit for removal of encroached portion admeasuring 18x12 and for permanent injunction is decreed by the trial court. The trial court decree is confirmed by the lower appellate court in an appeal filed by the present appellant. Both the courts below concurrently recorded the finding that the respondent is the owner of the disputed area and the appellant has encroached over the same. No question of law much less substantial question of law involved in the Second 2 Appeal. The appeal is without any merit and accordingly dismissed. Civil Application no. 1430/08 does not survive in view of the dismissal of the second appeal, and the same is also dismissed. ( R.V. MORE, J.)