1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.654 OF 2008 Sukhdev Huna Patil, age: 58 years, Occ: Agriculture, Resident of Kaimkhed, Post Uchande, Taluka Muktainagar, District Jalgaon. Appellant Versus Babu Budha Patil, age: 43 years, Occ: Agriculture, R/o Kaimkhed, Post Uchande, Taluka Muktainagar, District Jalgaon. Respondent Mr.G.V.Wani, advocate for the appellant. Mr.P.R.Katneshwarkar, advocate for Respondents. CORAM: R.M.BORDE, J. DATE : 08th October, 2009. P.C.: 1 This is an appeal by original defendant raising exception to the concurrent judgments delivered by both the Courts below. 2 Plaintiff instituted suit claiming recovery of possession of 6 ares encroached portion from the defendant. Defendant is adjacent land holder of the plaintiff. The contention of the defendant is that he had encroached upon 6 ares of land, however, he had handed over possession of encroached portion in favour of the plaintiff. 3 The trial Court, however, after recording evidence led by the 2 parties, came to the conclusion that the plaintiff has substantiated his case, as such, granted decree in favour of the plaintiff directing the defendant to hand over vacant possession of 6 ares land. The judgment and decree passed by the trial Court was subjected to challenge in Regular Civil Appeal No.190/1999, which came to be heard and disposed of by II Additional District Judge, Jalgaon, who was pleased to dismiss same on 19.08.2007. 4 I have perused the judgments delivered by both the Courts below. Both the Courts below have recorded a finding that the defendant could not establish handing over of possession of 6 ares land to the plaintiff. The Courts below, therefore, were justified in passing decree in favour of the plaintiff in respect of recovery of possession of 6 ares land. No substantial question of law arises for consideration in the appeal. 5 Appeal, therefore, stands dismissed. Pending Civil Applications do not survive and stand disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/sa65408