1 S.A. 148/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 148/2011 THE PARBHANI MUNICIPAL COUNCIL THROUGH ITS CHIEF OFFICER, MUNICIAL COUNCIL, PARBHANI. Vs. GOPALRAO AMBADASRAO BORIKAR AND ANOTHER Mr. Satyajit S. Bora, Advocate for the appellant. Respondent in person. CORAM : A.V. NIRGUDE, J. DATED : 8 th August, 2011. PER COURT: 1. This second appeal is filed against the concurrent findings of the Courts below that the appellant Municipal Council of Parbhani could not prove their title to the suit strip of land which is lying in front of the respondent’s house and abutting municipal road. No doubt, the respondent / plaintiff failed to prove his title to this strip of land but he proved to the hilt that he is in possession of the same since many years and is in settled possession. The appellant Municipal Council tried to suggest that since this strip of land is abutting Municipal road, it is part of Municipl road but they could not prove it and so the Courts below did not pass a qualified decree of perpetual injunction permitting the muniipal council for takaing possession after following due process. Shri Bora learned counsel appearing for Municipal council tried to suggest to me that such a question was open in the lower Court and should be kept open even today. I do not agree with him because the appellant municipal council specifically took upon stand 2 S.A. 148/2011 of ownership and could not prove the same. Now therefore, there is no question of keeping the question of eviction of the respondent by following due process of law open. The appeal should therefore, fail. No substantial question of law arises in this appeal. ORDER The appeal is dismissed. In view of the dismissal of appeal, Civil application No.24/2011 disposed of. [A.V. NIRGUDE,J.] ts k/2011/August8/sa148.11