IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.175 OF 1993 Shri Maruti @ Martand Patlu Karande)..Appellant Versus Shri Bhau Shidu Karande & Ors. )..Respondents ---- Mr.K.B.Sonwalkar for the appellant. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 25.04.2008. PC 1. This is a Second Appeal filed by the original defendant no.1. The challenge in this appeal is to the two judgments and decrees passed by the lower Courts holding that the defendants have encroached upon 3 R of the plaintiff’s land out of gut no.514. Both the decrees direct the defendant no.1 to deliver possession of this 3 R. On perusal of the judgment, it is clear that they are based upon a map drawn by DILR after taking measurement. This map at Exhibit-46 clearly shows the encroachment of 3 R’s. The record indicates that on partition, defendant no.1 was entitled to survey no.217/1 which was later on converted to gut no.513. On the same partition the plaintiff was entitled to survey no.217/2 which was later on converted to gut no.514. The only point which was raised here is that in the original : 2 : partition as well as by subsequent mutation entry no.945 the plaintiff’s land was shown as 15 R cultivable and 10 R potkharaba. It is urged that these documents are not considered. In my view, these documents are not relevant. The plaintiff’s case is that he was allotted 25 R of land. He claimed encroachment of 3 R. It is not relevant as to which part was cultivable and which part is potkharaba. DILR report indicates that two lands are contiguous to each other. There is no substantial question of law involved in the Second Appeal and therefore, Second Appeal stands dismissed. Record to be sent immediately to the lower Court. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)