1 S.A.No.943.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 943 OF 2005 Vilas S/o Digambarrao Desai ... Appellant V E R S U S Vijaykumar Vithalrao Giri and another ... Respondents ... Mr. R.B.Deshmukh,Advocate for Appellant ... CORAM : A.V. NIRGUDE, J. DATED : 28th JANUARY, 2010 PER COURT 1] This Second Appeal challenges the concurrent findings of the Courts below. The appellant was plaintiff. The cause of action for his suit was as follows: 2] He said, he is owner of land Gut NO.31 admeasuring 8 Acres. He said through his land 25 feet road between Latur-Kanheri has passed. Due to such road his land is divided into two plots. The plot laying to the Western side of the road is a narrow strip of land, adjoining to the respondents' land bearing Gut no.30. The appellant alleged that taking advantage of this situation 2 S.A.No.943.05 the respondents made an encroachment on his land which formed the strip admeasuring 5' X 40'. The respondents denied that the appellant's land exists on the West side of the road. They stated that, their land Gut No.30 abuts to the road on West side. The Courts below held on facts that the appellant could not prove that his land is in existence on the West side of the road. The Courts below also held that the appellants did not lead proper evidence to prove the boundaries of his land and alleged encroachment. The Courts below also held that if the appellant is aware about the alleged encroachment since the year 1986, then he would have filed a suit within 12 years, as per Article 64 of the limitation Act. Having gone through the Judgments and even deposition of the witnesses, I found that findings on facts recorded by the Courts below do not require interference. So, there is no substantial question of law involved in this appeal, the appeal should therefore fail. The appeal stands dismissed. Sd/- (A.V. NIRGUDE, J.) MTK/