1 sa692.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.692 OF 2011 [Kamalnarayhan s/o Jagannath Jaiswal vs. Kailasbai w/o Shrikishan Jaiswal & Anr. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. P.V. Barde, Advocate h/f Mr. J.R. Shah, Advocate for appellant. Mr. S.B. Joshi, Advocate h/f Mr. G.K. Kshirsagar, Advocate for respondents. CORAM : S.S. SHINDE, J. DATE : 12TH DECEMBER, 2011 PER COURT : . Heard. 2. There are concurrent findings of fact recorded by the Courts below that, there is no encroachment by the defendants on the suit property. It is true that, the trial Court as well as the lower appellate Court have held that the plaintiff is the owner of the suit house bearing Municipal House 2 sa692.11 No.4-250-A (Old No.4-247) situated at Kannad. However, in absence of any map on record or convincing evidence by the appellant, both the Courts below have taken a view that, there is no encroachment by the defendants over the suit house. 3 Therefore, in view of the concurrent findings of fact and from perusal of the grounds, none of the ground taken in the second appeal, appeals to this Court to entertain this second appeal. Therefore, second appeal stands rejected. . However, in future, if the plaintiff- appellant notices any encroachment by the defendants, in that case, it would be open for the plaintiff to take appropriate remedy as available under law by placing on record all relevant documents including authenticated map. [S.S. SHINDE, J.] sut/DEC11