1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.333 OF 2010 WITH CIVIL APPLICATION NO. 824 OF 2009 IN SA/333/2010 Shivaji Krishna Kamble, since deceased, through L Rs. : Sou.Shejabai Shivaji Kamble .. Appellant. Vs. Shri Balwant @ Balu Shantu Sankpal, since deceased through Lrs .. Respondents. 1A.Rukmini w/o Balu Sankpal and ors Mr Anil Kumar Patil, for the appellant. Mr Shrikant Chavan i/b Umesh Mankapure, for respondent nos 1A to 1H. CORAM : D.B.BHOSALE, J. DATED : 21/12/2010. PC: 1. Heard learned counsel for the parties. 2. This Second Appeal is directed against the concurrent findings of facts recorded by the courts below in a suit instituted by the respondents for possession of the encroached portion of open site – city survey no.1196 whereupon the appellants have trespassed and constructed hut admeasuring 2.70 meters x 3.10 meters. There is no dispute that the plaintiffs, before filing of the suit, had got the land measured through cadastral surveyor and the cadastral surveyor was examined and was allowed to be T 2 cross-examined by the appellants. From the evidence of the cadastral surveyor and the other material placed on record, encroachment by the appellants has been held to be proved. Considering that there are concurrent findings of fact recorded by the courts below and as I find that there is sufficient material on record to sustain those findings and considering that no substantial question of law is either involved or raised in this appeal, it deserves to be dismissed. Order accordingly. The civil application also stands disposed of. (D.B.Bhosale, J.)