1 S.A. 1106.2004 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 1106 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. R.T.Nagargoje, Advocate for the appellant. Mr. Vivek Bhavthankar, Advocate for the respondent nos. 1 to 4. ......................... CORAM : S.V.GANGAPURWALA, J. DATE : 08/12/2010 PER COURT : 1. This is plaintiff’s Second Appeal. 2. The plaintiff had filed Suit for removal of encroachment in respect of suit plot No. 12. Both the Courts have dismissed the Suit. The plaintiff has assailed the said Judgment in the present Second Appeal. 3. Mr. Nagargoje, learned counsel submits that both the Courts have committed error in appreciation of the actual location of the property. When the appellant has proved the 2 S.A. 1106.2004 ownership, there was no impediment to grant the possession of the said part of the property. The Courts have not properly relied on the Map. The said Map ought to have been considered as corroborative piece of evidence. 4. Per contra, Mr. Bhavthankar, learned counsel for the respondents submits that both the Courts have come to the conclusion that there is no encroachment. 5. In light of the same, there is no substantial question of law involved in the present Second Appeal. 6. With the assistance of the learned counsel, I have gone through the Judgment delivered by both the Courts. . 7. Both the Courts on appreciation of evidence, oral as well as documentary, have come to the conclusion that the plaintiff has failed to prove that the defendant has committed encroachment on the property of the plaintiff. The evaluation of the evidence is done by the Courts below. There is no perversity. The conclusion drawn by the Courts below is a possible conclusion. 8. In that light of the same, the Second 3 S.A. 1106.2004 Appeal being devoid of any substantial question of law, is dismissed. 9. In view of dismissal of Second Appeal, the Civil Application does not survive and is disposed of. [ S.V.GANGAPURWALA ] JUDGE knp/SA 1106.2004