IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.162 OF 2008 WITH CIVIL APPLICATION NO.451 OF 2008 Mansukh M.Dodiya and ors. ..Appellannts. Vs. Pavankumar R.Gupta. ..Respondent. Mr.V.Z. Kankaria with S.H.Joshi for the Appellants. Mr.R.D.Soni i/by M/s.Ram & Co. for the Respondent. CORAM : R.S. MOHITE, J. DATE : 05th May, 2008. P.C. P.C. P.C. 1. This is the second appeal filed by the original defendant impugning two decrees of the lower court. The plaintiff is the owner of the land bearing Gat No.119. He filed a suit for possession contending that the defendant had encroached upon a piece of his land admeasuring 0.047 R. The defendant filed a written statement and contented that he had not encroached upon Gat No.119. His case is that he was the owner of Gat No.122 and he had access to his land from Gat No.118 and for this access he had taken permission from the owner of Gat No.118. It appears that during the pendency of the suit, the plaintiff applied for a survey of the land through the TILR. The TILR Mr. Mangesh Gavali issued notices to all the concerned land owners of the property and measured the properties on 21.12.2002. A Panchanama was prepared on 5.2.2002. In the course of the evidence, the plaintiff examined the said TILR. The map which was prepared by the TILR on 21.12.2002 was exhibited as Exh.50. The said map showed the boundary of the plaintiff’s land bearing Gat No.119 and the encroachment on the southern portion tip was shown in yellow colour. The map indicated that the portion was being used as road and there was construction of walls on either side. To this witness, defendant had suggested that there was space between Gat No.119 and the Gaothan of the village as could be seen from the Village map. If it is accepted that there is space beyond the tip of the southern side of Gat No.119 that will not help the defendant’s case. In fact, the witness has actually admitted that there is some space on seeing the village map at Exh.80. It appears that through there is space between Gaothan and the Gat No.119, there is a small passage that leads from Gat No.118 to Gat No.122. If the owner of Gat No.118 has given permission to the defendant, there is no difficulty in using this space. That would however, not permit the defendant from encroaching on Gat No.119 or any portion thereof as shown in yellow colour in Exh.50. This being the situation, the entire dispute turns on facts and there is no substantial question of law. Hence, Second appeal is dismissed. C.A.No.451 of 2008 1. As the appeal is dismissed, civil application is also dismissed. (R. S. MOHITE, J.)