IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 1200 OF 2005 SECOND APPEAL NO. 1200 OF 2005 SECOND APPEAL NO. 1200 OF 2005 Vishnu Govind Katle & anr. ... Appellant V/s Narayan Laxman Dabre & ors. ... Respondents Mr. S.V. Gavand for the appellants. Ms. Gauri Godse for the respondents. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. CORAM: P.V. KAKADE, J. DATED: 5TH OCT., 2005 DATED: 5TH OCT., 2005 DATED: 5TH OCT., 2005 P.C.: P.C.: P.C.: 1. The appellants have preferred this appeal against the judgment and order passed by the Ad-hoc Addl. District Judge, Raigad at Alibag, dated 25.4.2005 dismissing the appeal and confirming the judgment and order passed by the Civil Judge, Jr.Divn., Alibga-Raigad, dated 5.4.1999 dismissing the suit of the plaintiff. 2. I have heard the learned counsel for both parties. Perused the record. 2 3. The plaintiff filed the suit for declaration and ownership and for removal of encroachment by way of mandatory injunction and also for perpetual injunction against the defendants. The defendants stoutly challenged the suit inter-alia denying the allegations and sought dismissal of the suit. 4. The learned Trial Judge adjudicated the dispute on merits and came to the conclusion that the plaintiffs failed to prove that they owned and possessed the suit property and further failed to prove that the defendants had committed encroachment on the suit property and, as such, suit came to be dismissed. 5. The appeal was carried to the District Court, Raigad at Alibag. The learned Ad-hoc Addl. District Judge, after hearing both parties came to the conclusion that the findings recorded by the Court below were legal and proper and dismissed the appeal. Hence the present appeal. 6. At the outset, it may be noted that there is no substantial question of law involved in this appeal. 3 Both the Courts below have recorded concurrent findings with regard to the available evidence on record while coming to the conclusion that the plaintiffs had failed to prove their title to the suit property and also did not establish the alleged encroachment. Therefore, on perusal of the judgments of both the Courts below, it is found that they have properly appreciated the entire evidence in proper perspective and, therefore, the appeal has no substantial question of law and as such, the appeal deserves to be dismissed and stands dismissed with no order as to costs. .....