1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR SECOND APPEAL NO. 2 OF 2010 Umakant Krishnaji Gaidhane Vs. Ramchandra Rajaram Alone Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri C. F. Bhagwani Adv for appellant. CORAM:_ SMT. VASANTI A. NAIK J . Dated: 14 th JUNE, 2010. . Heard Shri Bhagwani learned counsel for the appellant. The appellant is the original plaintiff. A suit was filed by the plaintiff for declaration, injunction and possession of the suit property. According to the plaintiff the defendant had encroached upon 4 ½ ft. of the Dhura on the northern side of the plaintiff's gate. The defendant denied the claim of the plaintiff and also denied that there was any encroachment by the defendant on the plaintiff's property. Though the defendant had filed the Written Statement the defendant had not tendered any evidence in the case. 2 The trial in the First Appellate Court however considered the evidence tendered by the plaintiff to hold that the plaintiff had not succeeded in proving that the defendant had encroached upon his land in Sur. No. 1279 admeasuring 4 ½ ft. towards northern side of his field. The finding recorded by the trial Court was confirmed by the First Appellate Court. The findings recorded by both the Courts are pure findings of facts based on the proper appreciation of the material evidence tendered by the plaintiff. Both the Courts have concurrently held that the plaintiff was not able to prove his case on the basis of the evidence tendered by him. The findings do not give rise to any substantial question of law. The Second Appeal is therefore dismissed with no order as to costs. JUDGE svk 3 4 5