( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 735 OF 2008 Balasaheb Shyamrao Lipne APPELLANT VERSUS Bhagwan s/o Shivaji Lipne and others. RESPONDENTS ..... Mr. S.A. Dhengale, advocate for the appellant. Mr. M.P. Kale, advocate for respondent No.1 and 5 to 7. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 16th December, 2009] PER COURT : 1. Heard counsel. 2. There are concurrent findings of both the Courts. The appellant is original plaintiff. His suit (R.C.S. No. 93/1999) for removal of encroachment and delivery of possession of the encroached area to the extent of 1 Hectare 50 Ares came to be dismissed. The appeal preferred by him (R.C.A. No. 104/2003) also was dismissed by the first Appellate Court. Both the Courts held that version of PW1 Champatrao is insufficient to ( 2 ) establish the allegations about encroachment. It appears that PW Champatrao did not himself carry out the measurement, but was working in the same office. He stated that the measurement map (Exh-55) was drawn by the surveyor who was working in the same office. He admitted that the measurement map did not show specific portion regarding the encroachment over the plaintiff’s land gat No. 2 and the area encroached by each of the defendant. For want of proper specifications, the Courts below disbelieved his version while dismissing the suit. No substantial question of law is involved in this appeal. The plaintiff (appellant) is, however, at liberty to take further steps for comprehensive measurement of the contiguous lands and his land gat No. 2 and file afresh suit if advised. The second appeal is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/sa735-08