jpc sa357-09awca657.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 357 OF 2009 Raghunath Narhari Tandel since deceased through LRs. ... Appellants Versus Sau. Sandeepa Sunil Redekar and others ... Respondents WITH CIVIL APPLICATION NO. 657 OF 2009 IN SECOND APPEAL NO. 357 OF 2009 Suman Raghunath Tandel and others ... Applicants Versus Sau. Sandeepa Sunil Redekar and others ... Respondents Mr. P. S.Dani a/w Mr. Vikas Mahangare i/by Ms. Sonali Kunekar for the appellants/applicants Mr. A. J. Khandeparkar i/by M/s Khandeparkar & Associates for respondent Nos. 1 and 2. CORAM : GIRISH GODBOLE, J. DATED : 12th OCTOBER, 2011 P.C. : 1. Heard Mr. Dani for the appellants and Mr. Khandeparkar for the respondents. 2. Regular Civil Suit No. 60 of 2000 was filed by the appellant jpc sa357-09awca657.sxw 2 Raghunath Narhari Tandel, predecessor in title of the appellants claiming declaration and injunction. Counter claim was filed by the respondents. Learned Civil Judge, Junior Division, Vengurla dismissed the Suit and decreed the counter claim by judgment and order dated 21st March, 2006. The disputed area is only 1.80 sq. meter which is admittedly about 20 square feet. 3. Regular Civil Appeal No. 50 of 2006 filed by the original plaintiff was dismissed by the learned Judge, District Judge, Sindhudurg by the impugned judgment and order dated 1st December, 2008. 4. Mr. Dani submitted that the possession, even if considered to be adverse, was from the year 1976 and hence, statutory period had been complied with. 5. The Courts below have recorded their findings of facts based on the cogent documentary and oral evidence on record. The evidence of Court commissioner has also been rightly discarded. No question of law arises. Second Appeal is dismissed. 6. On account of dismissal of the Second Appeal, Civil Application No. 657 of 2009 does not survive and the same is also dismissed. (GIRISH GODBOLE, J.)