1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No. 370/2006 (Kawadu Dashrath Shende VERSUS Shankar Dashrath Shende & 2 others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Shri R.S. Joharapurkar, counsel for the appellant. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 13, 2008. Heard Shri Joharapurkar, the learned counsel for the appellant. By this appeal, the appellant challenges two concurrent judgments passed by the trial and the appellate Court dismissing the suit filed by the appellant/original plaintiff. The appellant had filed a suit for recovery of possession of the property which, according to the appellant, was encroached upon by the defendant no.1 and handed over the same to the defendant nos.2 and 3. The defendant had denied the claim of the plaintiff and it was the case of the defendants that the defendant no.1 is the owner of the disputed land and the plaintiff was not the owner of the same. Both the Courts concurrently held that the plaintiff had failed to prove the ownership over the disputed land and had further failed to 2 prove that the defendants had made encroachments over the suit field as shown by the letters in the plaint map. The findings recorded by both the Courts are based on the proper appreciation of the material evidence placed on record. None of the grounds raised in the memorandum of the second appeal gives rise to any substantial question of law. Since no substantial question of law arises in this second appeal, the same is dismissed with no order as to costs. JUDGE APTE