-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 403 OF 2008 ALONGWITH CIVIL APPLICATION NO. 1660 OF 2007 IN S.A. NON 403/2008 Hidaytulla Hasan Bade .. Appellant. (Org.Defendant) V/s. Smt. Halima Usman Bade & Anr. .. Respondents. (Org.Plaintiffs) --- Mr. Nitin Mulye for the Appellant. Mr.M.S. Kadu for the Respondent Nos.1 & 2. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 30th September, 2008. DATED : 30th September, 2008. DATED : 30th September, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Mulye for the appellant and Mr. Kadu for the Respondents. 2. This is an appeal by the original defendant. The respondents’ suit for removal of encroachment, mandatory injunction and for perpetual injunction is decreed by the trial court. This decree is confirmed by the lower appellate court in an appeal filed by the present appellant. Both the courts below recorded concurrent findings of the fact that the appellant made encroachment -: 2 :- over the property of the plaintiffs. This finding is based on a Map at Exh. 110, drawn by the City Surveyor, DW-3 Ambetkar. 3. No question of law involved in the second appeal much less substantial question of law. The second appeal is accordingly dismissed. 4. In view of the dismissal of the second appeal itself, the civil application does not survive and the same is disposed off as such. (R.V.MORE,J.)