1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 419 OF 2005 Dastgir Budhan Shaikh........Appellant versus Karim Suleman Kujawar........ Respondent. Mr. K.B. Sonwalkar adv. for the Appellant CORAM: RANJIT V. MORE, J. DATED : 17th DECEMBER,2008. P.C.: 1. Heard Mr. Sonwalkar learned counsel for the appellant. The appellant is the original plaintiff. His suit for removal of encroachment is decreed by the trial court. However, this decree is reversed by the appellate court in an appeal at the instance of the respondent/defendant. The lower appellate court recorded finding of fact that the appellant/plaintiff failed to prove that respondent/defendant committed encroachnment over his property. This finding of fact recorded after appreciation of evidence on record. Appreciation cannot be said to be perverse. No question of law much less substantial question of law is involved. Second appeal is accordingly dismissed. (R. V. More, J.)