=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.358 NO.358 NO.358 OF 2008 OF 2008 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.1957 OF 2008 MOTION NO.1957 OF 2008 MOTION NO.1957 OF 2008 IN IN IN SUIT SUIT SUIT NO.1692 NO.1692 NO.1692 OF 2008 OF 2008 OF 2008 Achutkumar Shantilal Inamdar and ors. ...Appellants v/s Ashok Timber Mart and anr. ...Respondents Mr R.D. Soni i/b Mr A.R. Shaikh for Appellants. Mr C.S. Balsara with Mr C.M. Colabawala i/b M/s K. Ashar and Co. for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 2ND MAY 2009 2ND MAY 2009 2ND MAY 2009 =2= P.C. :- 1. By this appeal, the appellants challenge the order passed by the learned Single Judge on a notice of motion. The suit of the plaintiffs was for removal of the alleged encroachment on their land which according to the plaintiffs was made by the defendants to whom they had sold a portion of the land. The learned Single Judge has rejected the notice of motion because neither there was any survey report placed on record nor was there any statement in the plaint that the land was surveyed by the plaintiffs and on survey, it was found that there is encroachment. We do not find any error in the order impugned. Appeal is rejected. Notice of motion No.664 of 2009 is disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)