: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.513 OF 2007 SECOND APPEAL NO.513 OF 2007 SECOND APPEAL NO.513 OF 2007 Balkrishna Gopilal Marda & Anr. ...Appellants V/s. Bapu Sopan Somdale ...Respondent Mr.P.R. Arjunwadkar, Advocate, for the Appellant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 25TH JANUARY, 2008. DATE : 25TH JANUARY, 2008. DATE : 25TH JANUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the appellants. Though the submissions of the Advocate for the appellants was heard on the last date, the Appeal was kept today as Advocate for the respondent sought time. Today none appears for the respondent. The Second Appeal is admitted on the following substantial questions of law:- (a). Whether the Courts below have completely ignored the admitted position that the surveyor did not serve any prior notice of carrying out survey to the 2nd defendant? (b). Whether the Courts below could not have relied upon the survey map in as much as there was nothing on record to show that both the lands bearing Gat Nos.130 and 131 were surveyed and measured by the surveyor? : 2 : 2. Printing is dispensed with. Private paper-book to be filed within one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]