IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.362 OF 2010 SAU. KAMAL BHIMRAO SHENDE ..VS.. KUDARAM CHIRKUTA GEDAM & ONE ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 23/8/2010 Heard Shri Radke, the learned counsel for the appellant. The appellant is the original plaintiff. A suit was filed by the plaintiff for possession and for removal of encroachment. According to the plaintiff, the defendant had encroached on 62.50 square meters of land belonging to the plaintiff. The defendants filed the written statement and denied the title of the plaintiff. The defendants pleaded that the suit property was the government property and they were in possession of the same for more than 20 years. According to the defendants the plaintiff did not have any title or interest in the suit property. Both the courts on a proper appreciation of the material evidence on record, came to a conclusion that the plaintiff failed to prove that he was the owner of the encroached area. The courts then held that the plaintiff had further failed to prove that he was in possession of the suit property and was entitled to an injunction as prayed by him. The findings recorded by both the courts are pure findings of facts, based on a proper appreciation of the material evidence on record. They do not give rise to any substantial question of law. The second appeal therefore fails and is dismissed with no order as to costs. JUDGE SMP.