( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION CIVIL APPELATE JURISDICTION USJ SECOND APPEAL NO.144 OF 2009 SECOND APPEAL NO.144 OF 2009 SECOND APPEAL NO.144 OF 2009 Dynanu Babaji Jankar ..Appellant V/s. Pandu Babaji Jankar ..Respondent ...... Mr.Vinod Jadhav for appellant ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 8th April, 2009 DATED : 8th April, 2009 DATED : 8th April, 2009 P.C.: P.C.: P.C.: 1. The respondent herein filed a suit in Regular Civil Suit No.101 of 1994 in the Court of Civil Judge Junior Division, Jath, Dist. Sangli. The said suit came to be decreed by judgment and decree dated 31st March, 2003. Against the said judgment and decree, the appellant herein filed an appeal. The regular ( 2 ) Second Appeal No.93 of 2003 was decided in favour of the respondent in as much as the appeal came to be dismissed by judgment and decree dated 24th February, 2009 by learned Ad-hoc District Judge-2, Sangli. 2. The order is under challenge. It cannot be disputed by the appellant that Gat No.408 was allotted to the respondent. It also cannot be disputed by the appellant that the house in question was standing on the western side and Gat No.408. The appellant came out with the contention that the land admeasuring 20 R on the western side of gat No.408 was reserved for common enjoyment of all the person and that is how the appellant tried to establish his right over the land in question. The appellant contended that the house in regard to which the suit is filed stands in the name of the appellant since 1975 and that is how the ownership in view of the house is sought to be explained. 3. After having heard learned Counsel for the appellant, I am inclined to observe that the observations made by Courts both in trial stage and in the appellate stage are proper. In para 22 of the judgment, the learned Appellate Court by detailed discussion has held as to how the stand of the appellant that the land admeasuring 20R was reserved ( 3 ) in joint occupation cannot be disputed. The appellant could not produce before the Court any documentary evidence to show that the appellant has obtained the permission of the respondent for construction of the house. It is to be noted that the appellant was staying at Bombay for a substantial period and it is only after retirement, he came down to his native place and carried out construction of house. The important argument placed before this Court was namely the Gram Panchayat record shows that the house is in the name of the appellant for a substantial long period that is from 1975 and thereabout and therefore the presence of the appellant on the land is for a substantially long time and therefore institution of the suit in the year 1994 ought to have been treated as beyond the period of limitation. In so far as this aspect is concerned, both the Courts have rightly arrived at conclusions that the Gram Panchayat record by itself would not go in favour of the appellant. 4. Before this Court, appellant could not produce anything to show that he had obtained permission from the respondent for construction of the house. In fact, the stand that land in question from which the house is constructed for use in joint occupation has been negatived because no evidence was placed before this Court. ( 4 ) 5. In substance, both the Courts have appreciated the points involved in the proper prospective. No interference is required even otherwise on the basis of evidence placed before the Court. Hence, appeal is required to be dismissed at the stage of admission. Hence, the following order. ORDER ORDER ORDER . Appeal is dismissed with no order as to costs. . Civil Application No.613 of 2009 is dismissed with no order as to cost. . After the aforesaid order is passed, learned advocate for the appellant prayed for stay of the operation. As requested, order passed by the learned Trial Judge is stayed till 4th May, 2009. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)