1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO.745 OF 2007 WITH C.A.S. NO.429 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Ajay Patil i/byM r.P.K. Dhakephalkar for the Appellant. Mr.Suresh S. Shah for Respondent No.1. CORAM : ANOOP V. MOHTA,J. DATED : 10.06.2008 P.C. This is a Second Appeal filed by the Appellants-orig. Defendants against whom both the Courts, after considering the material available on record, held and directed that the defendants should deliver the suit land admeasuring 6 R. out of land gat no.10/4, situated at village Doddi, Taluka South Solapur, Dist. Solapur and; directed to remove Tal and block the newly dug well in the above mentioned suit land while delivering the land to the plaintiff and further directed 2 the Appellants-defendants to pay Rs.200/- p.a. to the plaintiffs towards compensation from 1990. Having once given the finding based on material available by courts below, the Appellants-defendants have encroached upon southern side portion in question, the relief so granted is within the frame work of law and record. There is no perversity in the order specially when the defendants claim ownership by adverse possession but failed to justify his case. In the result, the second Appeal is dismissed. In view of dismissal of Second Appeal, C.A.No.429/2006 also stands dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]