-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE SECOND APPEAL NO.80 OF 2008 WITH CIVIL APPLICATION NO.97 OF 2008 In SECOND APPEAL NO.80 OF 2008 Shri Rangnath Shankar Kathe : Appellant (Orig.Defendant) V/s. Shri Amir Abdul Kadir Mondhe & Ors. : Respondents (Orig.Plaintiffs) ... Mr.S.K.Shinde for the appellant. Mr.Sachin Gite for respondent no.1. ... CORAM : ANOOP V. MOHTA,J. DATE : APRIL 15, 2008. P.C. 1. Both the Courts below, after considering the material on record, held that the plaintiffs are the owners of the suit property; that the defendant has encroached upon the same and as the suit is within limitation, decreed the same. -: 2 :- 2. As the lower appellate Court has also dismissed the appeal and confirmed the decree, the appellant submitted that the amendment application, as directed by the Supreme Court to consider, has not been decided in the true spirit of the order of the Supreme Court. 3. After going through the reasoning given by the appellate Court on this aspect, I am also convinced that there is no perversity in considering the said application. The contention about non-joinder of parties was also held in the negative. 4. Taking all these facts into account, as the plaintiffs are the owners of the property and accepted by the Court, there is no substantial question of law involved. The order is within the framework of law and record. 5. The Second Appeal is dismissed. 6. In view of the dismissal of the Second Appeal, Civil Application no.97 of 2008 does not survive and the same is also dismissed. ANOOP V. MOHTA, J.