1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH SECOND APPEAL NO. 704 OF 2009 Ramrao s/o. Limbaji Mane - Appellant versus Ganesh s/o. Khandrao Kulkarni - Respondent. Shri Arun G. Dalal, Advocate holding for Shri V. D. Salunke, Advocate for appellant. CORAM: N. D. DESHPANDE, J. Dated : 3rd December 2009 PER COURT: 1. Heard Shri Dalal, learned Counsel for the appellant. He relied on the measurement and map on record produced by the Court Commissioner appointed by the trial Court pending the suit in support of his contention raised in second appeal for dismissal of the impugned judgment and order passed by the 1st appellate Court decreeing the suit for delivery of 84 Ars. the alleged encroachment. As per the plaintiff's claim, suit is based on the earlier measurement carried out by him prior to the filing of the suit. He also pointed out that trial Court accepted defendant's story for 2 dismissing the plaintiff's alleged claim in the light of the Court Commissioner's report about the measurement and panchanama. The parties are adjoining landholders and the dispute is not of title or possession as such, of boundary and the measurement for ascertaining the alleged encroachment. It is also submitted that parties are bound by the measurement and the map as per the Court Commissioner's report which is on record for the decision and disposal of this second appeal and urged to direct notice to the respondent for its final disposal at the stage of admission. 2. Considering the request of the appellant, issue notice to the sole respondent returnable on 11th January 2010 with all necessary annexures and copy of this order, failing to that second appeal will be heard ex parte. 3. Call for R. & P. ( N.D.DESHPANDE, J. ) pnk/sa70409