-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO. 442/2008. Smt. Rama Natthuji Wanusmare . - versus- Smt. Mamta Ashok Raghuwanshi ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 20, 2009. Heard Advocate Shri P.R. Patil, for appellant / original plaintiff and Advocate Shri M.R. Johrapurkar, for respondent/ original defendant. Challenge is to concurrent judgments delivered by the Courts below dismissing the suit of appellant for declaration and for injunction. It has been found that she could not establish that respondent made any encroachment on nazul land or constructed any platform or bath room or stair case upon it. Her apprehension that respondent was trying to encroach over three feet of marginal space left by her, was also found to be misconceived. Perusal of the Appellate Court judgment, paragraph no.11 shows that the Appellate Court has at length considered the cross examination of appellant / plaintiff. In the said -2- cross examination, appellant / plaintiff has accepted that there is no change in mode and manner of user of suit property since she purchased and she has been using it as before i.e. since the time of her vendor. Similarly, she has also admitted user of her property by the present respondent / defendant. It is not necessary for this court to mention that evidence at length, because those findings are not shown to be perverse. In the circumstances, no substantial question of law arise in this Second Appeal, the same is dismissed. No cost. JUDGE Rgd.