1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.643/2007 WITH CIVIL APPLICATION NO.1176/2007 Anant Shripatrao Bhosale and another. ..Appellants -VERSUS- Namdev Daulati Bhojane. ..Respondent ......... Mr.N.D.Yelkar, Advocate for the appellants. Mr.Deepak Patil, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 26TH FEBRUARY, 2009. P.C. : 1. The present Second Appeal questions the legality and validity of the judgment and decree passed by the Trial Court which dismissed the suit and which has been confirmed by dismissal of the appeal filed by the present appellants. The suit was instituted for removal of encroachment and possession of the land admeasuring 26 R. It is undisputed that the respondent had purchased the land from the appellants in the proceedings under Section 32(G) of the Bombay Tenancy Act and has also been issued the certificate under Section 32 (M) to that effect. Both the Courts below have concurrently found on 2 facts that the appellants have failed to establish that the respondent has encroached upon 26 R land owned by the present appellants. The said finding of fact recorded concurrently by both the Courts below is based on the evidence and material on record which cannot be faulted. 2. Perused the impugned judgment. The appellants have failed to establish the encroachment on the land admeasuring 26 R by the respondent, hence, could not succeed in the suit. No substantial question of law emerges for consideration in the present Second Appeal, hence, the same is summarily dismissed. In view of the disposal of Second Appeal, the Civil Application does not survive and the same is also dismissed. JUDGE