1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Second Appeal No. 109/2009 Ashok Ukandrao Dhawak ..vs.. Awachit Purnaji Ingle & anor. _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Mr. A. P. Tathod, Advocate for appellant. CORAM : A.B.CHAUDHARI, J. DATE : 25 th June, 2009 Heard Mr. Tathod, learned counsel for the appellant. The first appellate Court recorded a finding of fact that the suit that was filed by the appellant/plaintiff was hit by the principles of res-judicata inasmuch as admittedly in earlier suit of 1992, it was held that the appellant/plaintiff had failed to prove the encroachment. Mr.Tathod, learned counsel for the appellant submits the suit that was filed in 1992 at that time measurements were not taken. But since now, the measurements were taken, the suit was filed. According to him, there was a fresh cause of action and, therefore, the principle of res judicata would 2 not apply. The arguments have been made to be rejected. There is no substance in the second appeal. The same is, therefore, dismissed. No costs. JUDGE Andurkar.