1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 77/2010 (Sitaram Tukaram Parkale VERSUS Keshav Ganpat Mhaske & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Mohta, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 18, 2010 . Heard the learned counsel for the appellant. The appellant is the original defendant. A suit was filed by the plaintiff against the present appellant for removal of encroachment. The defendant denied that there was any encroachment and sought for the dismissal of the suit. The trial and the first appellate Court, on an appreciation of the evidence on record, held that the plaintiff has succeeded in proving that the defendant has encroached upon 6 ARE of the land belonging to the plaintiff. The Courts held that the defendants failed to prove that they had acquired hostile title in regard to the suit land. While recording the aforesaid findings, both the Courts considered the evidence of the parties and the two surveyors, who 2 had measured the lands of the parties and the adjoining owners to hold that the defendant had encroached upon the land belonging to the plaintiff. The findings of facts are recorded by both the Courts on a proper appreciation of the material evidence on record. Since no substantial question of law arises for consideration in this second appeal, the same is dismissed with no order as to costs. JUDGE APTE