1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 1153 OF 2005 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Adv. Shri C.R. Deshpande for the appellant and Adv. Shri A.V. Patil for the respondents. Both have taken me through the judgments of the Trial Court and the First Appellate Court. It is argued before me by Adv. Shri C.R. Deshpande that the suit was in respect of portions the of land which were encroached into by the plaintiff/appellant into the property of the defendant and which fact was proved by examining Cadastral Surveyor P.W.3-Venkat Dhunde. However, perusal of the plaint shows that in para 1 the plaintiff described his own land and only in the body of the plaint there is averments regarding measurements and 2 encroachments shown. As a result the respondent did not appear to contest the suit. The plaint is not happily worded. Second Appeal No. 1152 of 2005 is pending in respect of same subject matter and in the facts and circumstances of the case, this Second Appeal is dismissed with observations that necessary orders will be passed in Second Appeal No. 1152 of 2005. The Second Appeal is disposed of accordingly. Date: 03.07.2009 [P.R. BORKAR,J.] snk/2009/JUL09/sa1153.05