... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND APPEAL NO.571 OF 2006 Shri Anandrao Ganapati Nikam ...Appellant Vs. Dattatraya Manshing Nikam & Ors. ...Respondents Shri M.R. Suryawanshi for the Appellant. Shri C.G. Gavnekar for the Respondents. CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : AUGUST 01, 2006. : AUGUST 01, 2006. : AUGUST 01, 2006. P.C.: P.C.: P.C.: 1. Heard the Advocates appearing for the parties. Shri Gavnekar appearing for the Respondents states that the Respondents have not preferred any Appeal against rejection of the counter claim. 2. The suit filed by the Appellant for removal of encroachment has been dismissed by the Trial Court and the decree of the Trial Court has been confirmed in the Appeal. 3. The burden of establishing encroachment was on the Appellant and the finding of both the courts below is that the Appellant could not lead evidence to substantiate the case made out in the plaint regarding encroachment on his property. ... 2 ... 4. In view of the concurrent findings of fact, no substantial question of law arises. Second Appeal is dismissed. No orders as to costs. JUDGE JUDGE JUDGE