1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 398 OF 2010 Sau. Prabhawati w/o. Vishwanath Ingale ....Appellant. Versus Harishchandra s/o. Irappa Kombde ....Respondent. Mr. R.B. Deshmukh, Advocate for appellant. Mr. G.L. Awale h/f. Mr. N.P. Patil-Jamalpurkar, Advocate for respondent. CORAM: S.V. GANGAPURWALA, J. DATED: 14th September, 2010. PER COURT : 1. It is plaintiff’s second appeal. The plaintiff had filed a suit for possession of 3 R. land against the present defendant. Both the Courts have dismissed the suit. 2. Shri. Deshmukh, the learned counsel for the plaintiff submitted that it was erroneous on the part of Lower Appellate Court to dismiss the suit on the ground of limitation. It was observed by the Lower Appellate Court that the suit is filed after 22 years and the said suit after 22 years is not maintainable. Shri. Deshmukh contended that it was a suit based on the title and that the defendant has encroached upon the property, still 2 the plaintiff could maintain the suit even after 22 years. The Apex Court in the case of Ramiah Vs. N. Narayana Reddy (Dead) by L.Rs. reported in 2004 (7) SCC 541 has held that if a party is dispossessed from suit property, then even if he is the owner, the suit shall be filed within 12 years as per Article 64. The Courts below have observed that the measurement maps do not inspire confidence. In one measurement, it was shown that the defendant has encroached upon 3 R. land and in another measurement, it was shown that the defendant has encroached upon 2 R. of land. 2. In the light of concurrent findings of facts, no substantial question of law arises. As such, the second appeal is dismissed. [ S.V. GANGAPURWALA, J.] ssc/sa398.10