1 SA351/06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 351 OF 2006 Haridas s/o Pandurang Kathar & Anr Appellants V E R S U S Kausalyabai Ramchandra Kathar & Anr Respondents Mr. P.F. Patni, Advocate for the appellants CORAM : A.V. NIRGUDE, J. DATED : 7th June, 2011 ORAL ORDER : This appeal is filed against the concurrent findings of the Courts below that respondents have proved their title to the suit lands and were entitled to possession. Respondents filed suit claiming that they were dispossessed by the appellants from the suit lands in 2001. Unfortunately, the appellants did not defend the case properly. The appellants could have taken a plea of adverse possession. In an earlier suit which was filed by the appellants’ father, he had claimed possession of the suit lands since prior to 1985. However, this aspect of the case was not utilized properly to formulate a defence of adverse possession. In view of this, the finding of fact that the appellants dispossessing the respondents from the suit lands in 2001 cannot be disturbed. No substantial question of law arise in this appeal. Appeal stands dismissed. In view of dismissal of the second appeal, Civil Application No.4335 of 2006 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/sa/351/06/7/6/11 2 SA351/06