1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.707/2008 Smt.Alka Mohan Bari. ..Appellant -VERSUS- Krishna Arjun Khot. ..Respondent ......... Mr.A.G.Damale, Advocate i/b Mr.S.S.Gawode, Advocate for the appellant. None for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 25th MARCH, 2009. P.C. : 1. The appellant is the original plaintiff who instituted a suit for removal of encroachment against the defendant who is adjoining land owner on the eastern side. The suit has been filed on the basis of the measurement carried out by the Surveyor prior to institution of the suit. 2. It is an admitted position that there has been no simultaneous measurement of the lands of the plaintiff and defendant. In the cross-examination, the plaintiff has categorically admitted that some farmers have encroached upon her land from the western side. It is an admitted position that the suit has been filed for 2 removing the encroachment allegedly made by the defendant from the eastern side. In that view of the contradiction in the pleadings and evidence, the first Appellate Court has concluded that the defendant has no concern with the encroachment from the western side. Other reasons are also set out while allowing the appeal and reversing the judgment and decree passed by the Trial Court. 3. The impugned judgment does not call for any interference. No substantial question of law emerges for consideration. The Second Appeal is dismissed summarily. JUDGE