1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Second Appeal No.228 of 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri A.G.Talhar, Advocate for appellants. Shri V.T. Chaudhary, Advocate, for Respondent. 1. This is second appeal by original plaintiff, whose suit for removal of encroachment on his plot was dismissed by trial court and the appeal was also dismissed by the District Court. 2. It appears that except sale deed and statement of plaintiff, no other material or evidence is produced on record. Plaintiff did say that he got the property measured one month prior to filing of the suit, but the said evidence regarding measurement of his 2 property is nott produced on record. 3. After going through the evidence on record, in my opinion, encroachment of 4 ft. width is not duly proved. Judgment of trial court and that of appellate court cannot be said to be perverse. Not being satisfied with that there is any substantial question of law, appeal deserves to be and is accordingly, dismissed at the stage of admission itself. Date:16.06.2009 (P.R.BORKAR, J.) pnd/sa228.09