1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No. 872 of 2006 Vidya Bhavan Trust Appellant V E R S U S Devidas Ramrao Shinde died through L.Rs. Respondents Mr. S.V. Advant, Advocate for the appellant CORAM : A.V. NIRGUDE, J. DATED : 7th June, 2010 PER COURT : 1. This second appeal is filed against the concurrent findings recorded by the Courts below that the appellant had committed encroachment to the extent of 7 gunthas on the land of respondents. The appellant has named itself in the Appeal-Memo as Vidya Bhavan Trust through one Kannuppuram. However, the respondent / plaintiff had originally filed the suit not against Vidya Bhavan Trust, but he had filed the suit against one Father John Houldner through J.C. Gaikwad, Managar Vidya Bhavan Trust. 2. It is common ground that the lands of these two parties are lying adjacent to each other and the respondent / plaintiff alleged encroachment at the hands of father John Houldner. At the trial stage, Father John Houldner appeared and raised no objection in respect of non-joinder of the Public Trust. The question of non-joinder 2 was firstly raised in the First Appeal and the learned Judge of the First Appellate Court dealt with this objection in paragraph No. 16 of his Judgment. The learned Judge rightly held that the respondent / plaintiff might have committed error in describing the name of the defendant. However, it is clear from the record that all along the suit was opposed and defended by none other than the Manager of the Public Trust. So, no prejudice was caused to the Public Trust. On facts, the Courts below held against the appellant or its Manager. I am not inclined to interfere in the findings of facts. The appeal therefore fail. Appeal stands dismissed. In view of dismissal of the second appeal, Civil Application No. 10324 of 2006 is disposed of. (A.V. NIRGUDE, J.) srm/