1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 647 OF 2008 WITH CIVIL APPLICATION NO. 1611 OF 2008 Vasant Bhikopba Bhasme & ors........Applicants/Appellants versus Babu Bapu bartakke........ Respondent. Mr. Rajesh Behere for the Applicants/Appellants CORAM: RANJIT V. MORE, J. DATED : 24th NOVEMBER,2008. P.C.: 1. Heard Mr. Behere learned counsel for the appellant. The appellant is the original Plaintif. His suit for mandatory injunction to remove encroachment allegedly committed by the respondent to the extent of 5 feet on the property bearing no.130-131 came to be dismissed. His appeal to lower appellate court also is dismissed. Both the courts below concurrently, after appreciating evidence on record, came to the conclusion that the appellant/plaintiff could not prove that respondent has made any encroachment on his property. The appreciation of evidence cannot be said to perverse. No question of law much less substantial question of law is involved. Second appeal is dismissed. 2 2. In view of the dismissal of the second appeal, Civil Application does not survive and the same is also dismissed. (R.V. More, J.)