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 CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET SECOND SECOND SECOND APPEAL NO.885 OF 2006 APPEAL NO.885 OF 2006 APPEAL NO.885 OF 2006 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Mr.S.G.Surana for the Appellants CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : JULY 6,2007. : JULY 6,2007. : JULY 6,2007. P.C.: P.C.: P.C.: 1. Heard learned Advocate for the Appellants. The Appellants are the original plaintiffs. A suit filed by the Appellants for removal of encroachment was decreed by the trial court. The Appellate court interfered and has reversed the decree. 2. After having heard the learned Advocate for the Appellants, I find that the Appellate Court has reversed the decree by recording a finding of fact that the rough sketch annexed to the plaint was totally inconsistent with the survey map produced along with the report of the Court Commissioner. There is no perversity in the said finding. 3.In view of the finding of fact, the Appellate Court has set aside the decree passed by the trial court. No substantial question of law arise. Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE