1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.706/2008 Smt.Alka Mohan Bari. ..Appellant -VERSUS- Harishchandra Narayan Khot and others. ..Respondents ......... Mr.A.G.Damale, Advocate i/b Mr.S.S.Gawale, Advocate for the appellant. None for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 25th MARCH, 2009. P.C. : 1. The appellant/plaintiff' s suit was decreed by the Trial Court, however, in an appeal filed by the defendants, the judgment and decree has been reversed and the suit came to be dismissed. It is the case of the plaintiff that the defendants have encroached upon 07 Guntas of land. 2. Perusal of the Appellate Court's judgment reveals that only evidence available in regard to the encroachment is that of the Surveyor. The Surveyor has admitted that he has measured the land 2 of the plaintiff alone, that too without notice to the defendants as the names of the defendants were not supplied by the plaintiff while making the application for measurement. The Surveyor has further admitted that the measurements were carried as per the boundaries shown by the plaintiff. 3. It is an admitted position that the land of the defendants was not measured. In absence of simultaneous measurements of the lands of the plaintiff and defendants, it would not be possible to positively conclude that the defendants have encroached on the land of the plaintiff. The first Appellate Court has also placed reliance on the admissions given by the Surveyor that he could not properly carry out the measurement as there were grown up trees in the land of the plaintiff. On appreciation of evidence of the Surveyor which was in fact the only witness in support of the case of the plaintiff that the defendants have encroached upon the land, the suit has been dismissed by the first Appellate Court. Thus, the finding recorded by the first Appellate Court that the plaintiff has failed to establish the encroachment, does not need to be interfered with. More so, in the Second Appeal as no substantial question of law emerges for consideration. In the result, the Second Appeal is summarily dismissed. JUDGE