:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.138 OF 2008 WITH CIVIL APPLICATION NO.8160/2000 Jagannath G. Pharate. ..Appellant. Vs. Shri. Ankush U. Darekar and ors. ..Respondents. Mr. M. Kulkarni for the Appellant. None for the Respondents. CORAM: R.S. MOHITE, J. DATE : 03/7/2008 P.C. P.C. P.C. 1. This is the second appeal filed by the original defendant. The plaintiff’s suit was for removal of encroachment. It appears that during the pendency of the proceeding Bhagwant Nana Jadhav Cadastral Surveyor was appointed and he had reported encroachment to the exent of 27-Are though the plaintiff has claimed 18-Are. The plaintiff accordingly amended the plaint and sought the decree in relation to the encroachment of 27 Are. The Appellate Court has held that there is no reason to disbelieve the Court Commissioner’s evidence. The extent of encroachment is purely a question of fact. There is no substantial question of law involved in the appeal. Hence, the same is rejected. C.A.No.8160 of 2000 :2: 1. As the second appeal is rejected, civil application is also rejected. (R.S. MOHITE, J.)