: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.810 OF 2003 SECOND APPEAL NO.810 OF 2003 SECOND APPEAL NO.810 OF 2003 Jaywant Sambhaji Bhosale ...Appellant V/s. Keshav Nana Chavan, Deceased, . Thru’ Bayjbai Keshav Chavan, Deceased, . Thru’ Shamrao Keshav Chavan & Ors. ...Respondents Ms.Archana Kologi, Advocate, h/f. T.S. Ingale, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. DATE : 18TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. The Second Appeal is by unsuccessful plaintiff in a suit for removal of encroachment. The Trial Court decreed the suit. In Appeal, the Appellate Court has interfered and has dismissed the suit. 2. The submission of the Advocate for the appellant is that admittedly the defendants were in possession of more area than the area to which they were entitled to. It is submitted that in view of this admitted position, it was not necessary for the appellant-plaintiff to produce a sketch showing extent of encroachment. It is, therefore, submitted that the Appellate Court has committed an error by interfering : 2 : with the Decree. 3. I have considered the submissions. The suit filed by the appellant-plaintiff was for removal of encroachment. The requirement of Rule 3 of Order VII of the Code of Civil Procedure, 1908 was not complied with by the appellant. Moreover, the map prepared by the District Inspector of Land Records was not properly proved and therefore the Appellate Court has held that the said map could not have been admitted in evidence. Apart from this, there is a finding recorded that a certificate under Section 24 of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 was issued in the name of the contesting defendants. 4. Considering the aforesaid factual aspects, no fault can be found with the Decree passed by the Appellate Court. No substantial question of law arises. The Second Appeal is accordingly dismissed. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]