1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.236 OF 2009 WITH CIVIL APPLICATION NO.846 OF 2009 Ashok Eknath Karve )..Appellant Vs. Chandrakant Kathapia Shinde & Anr. )..Respondents ---- Ms.Minakshi Surve for the appellant. ---- Coram : R.S.MOHITE,J Date : 18th January, 2010 PC 1 This Second Appeal has been filed by the original plaintiff against concurrent findings refusing injunction sought by him. Both the lower Courts had relied upon the measurement done and map prepared by the SLAR which did not show any encroachment by the defendant. It is contended that there is earlier measurement by the TILR in the suit which indicated encroachment. It is seen that being aggrieved by this measurement, at the request of the defendant, the appellate authority i.e SLAR was directed to make a measurement. This order is not challenged and the measurement was done by the SLAR in capacity of the Court Commissioner in pursuance of the judicial order. This being the situation, the only dispute is factual in nature. No substantial question of law involved in this appeal. Hence, Appeal stands summarily rejected. CIVIL APPLICATION NO.846 OF 2009 1 As the Appeal itself has been rejected, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 2 3