IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 644 OF 2008 WITH CIVIL APPLICATION NO. 318 OF 2008. Sadashiv Babu Kaldhone & Ors. ...... ...... ....Appellants V/s Popat Mahadeo Gujar & Ors. ...... ...... ....Respondents. Mr.R.K.Mendadkar, Adv. For the appellants. Mr.V.S.Talkute, Adv. For the respondents. CORAM: R.V. MORE, J. 11th DECEMBER, 2008. PC: Heard learned advocates for respective parties. The appellants are the original defendants and respondents are the original plaintiffs. Respondents' suit for possession by removing encroachment is decreed by the trial Court. This decree was challenged by filing an appeal by the present appellants. However same was also dismissed. It was defense of the appellants-defendants that they have not encroached any property and if any encroachment is there they have become owners of the same by adverse possession. The lower courts below held that the appellants-defendants had encroached upon respondents-plaintiffs' property. These findings of fact are recorded on the basis of evidence of the Court Commissioner 1 at Ex.83 and the measurement map at Ex.85. So far as the claim regarding adverse possession is concerned same was also negatived on the ground that no positive evidence in this regard is adduced by the appellants-defendants. I do not find any error in the findings recorded by the lower courts below. No case is made out for interference. Hence second appeal is dismissed. In view of disposal of second appeal civil application No.318/08 does not survive and the same also stands disposed of. 11.12.08 (R.V. MORE, J.) 2