1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.728 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- None for the appellant. Mr.N.Y.Gupte for respondent no.1. CORAM : ANOOP V. MOHTA,J. DATED : 05.06.2008 P.C. None for the appellant. Heard the learned counsel for respondent no.1-original plaintiff. Both the courts, after considering the material available on record, gave findings that the plaintiffs-respondents proved that they are the owners and are in possession of the suit property vide sale deed dated 27.10.1947; further that in 1998 the defendant constructed his hut over than the original place and removed pillars 2 of plaintiff’s premises also. However, the case of respondents that appellant-defendants tried to oust them from the suit premises was negatived. The findings so given by the courts below based upon the title and possession of the original plaintiffs. After going through the record and the reasoning given by the courts below, I see there is no case made out by the appellant to interfere with the same. There is no perversity. Therefore, there is no substance in the present second appeal. However, the appellant is absent. As a last chance, s.o. to 9.6.2008 for dismissal. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]