1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 639 OF 2008 Jayram Barku Ambhire & ors.........Applicants/Appellants versus Rukminibai S. Pagdhare & anr......... Respondents. Mr. A.L. Patki adv. for the Appellants Mr. A.J. Joshi adv. for the respondents 1(1) to 1(2) & 2. CORAM: RANJIT V. MORE, J. DATED : 03rd DECEMBER,2008. P.C.: 1. Heard Mr. Patki learned counsel for the appellant and Mr. Joshi for the respondent nos. 1(1)to 1(2) & 2. The appellants are original defendants and the respondents are the original Plaintiffs. The suit filed by the respondent/original Plaintiffs for declaration, injunction and for possession of the suit property by removing encroachment, was decreed by the trial court. The lower appellate court confirmed the decree of the trial court. Both the courts below concurrently recorded the finding of fact that the appellant/defendants committed encroachment in a land belonging to the respondent/plaintiffs. This finding was recorded after appreciating the evidence of surveyor Tandal at Exh.72 and the measurement map at Exh.73 prepared by him. The courts 2 below correctly appreciated the evidence on record and passed the decree against the appellant for removal of encroachment etc. No question of law much less substantial question of law is involved in this second appeal. The second appeal is accordingly dismissed. (R. V. More, J.)