IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION SECOND APPEAL NO.632 OF 2005 Ananta Ramchandra Dapke ...Appellant. v. Magilal Ratanchand Oswal ...Respondent. Mr.P.S.Dani, adv. For the Appellant. Mr.Ajay R. Varma i/by Vilas Mali, advs. For the Respondent. CORAM : J.H. BHATIA, J. DATED : 20th August , 2009 P.C. 1 Heard the learned counsel for the parties. 2 This is the second appeal filed by the original defendant. According to the plaintiff, defendant had put asbestos sheets on the roof of the first floor in such a manner that the said roof was hanging in the air on the suit premises belonging to the plaintiff and thus, there was aerial encroachment on the suit house. This was denied by the defendant. It appears that the trial Court personally visited the spot and prepared notes of inspection and found that aerial encroachment was made by one channel of asbestos sheets put on the roof of the first floor. Accordingly, trial Court passed mandatory injunction directing the defendant to remove over hanging one channel of asbestos sheets which is coming over the suit house of the plaintiff. That order was challenged by the defenant in Civil Appeal No.103 of 2001. The appellate Court dismissed - 2 - the appeal endorsing the view taken by the trial Court. 3 There is concurrent finding of the fact about the aerial encroachement by the defendant over the property of the plaintiff and that is based not only on the oral evidence led by the parties but also on the spot inspection made by the trial Court Judge himself. I find that no question of law is involved in the present matter. 4 Appeal stands dismissed. (J.H. BHATIA,J.)