1 31.sa-755-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi SECOND APPEAL NO. 755 OF 2010. Shri Bhairu Rama Chougule & Anr. ..Appellants. vs. Shri Pandurang Bhagoji Naik & Ors. ..Respondents. .... Mr. G.N. Salunke, for Appellants. .... CORAM : G.S. GODBOLE, J. DATE : 24TH AUGUST 2011. P.C. : Heard Mr. Salunke for the Appellants. Regular Civil Suit No. 65 of 1997 was filed by the Appellants for permanent injunction in respect of the land admeasuring 4R out of Gat No. 787 of Village Nesri and removal of encorachment of an area admeasuring 0.00.25 R from the said land. The Plaintiff claimed to be a purchaser from Mrs. Arunabai Naik under the Sale Deed dated 10th June 1991. The description of the so-called encroached portion is nowhere indicated nor any map is filed. Moreover, even the description of the 4R land from Gat No. 787 is not indicated anywhere. 2. By a Judgment and order dated 27th February 2004, the learned Joint C.J.J.D., Gadhinglaj dismissed R.C.S. No. 65 of 1997 inter alia holding that the Plaintiff had failed to prove exclusive title or encroachment. Regular Civil Appeal No. 24 of 2004 filed by Appellants has been dismissed by the learned District Judge-I, Gadhinglaj by the impugned Judgment and Decree. 3. The Appellate Court has also considered the evidence of the Surveyor and after recording a finding that the Plaintiff had not 2 31.sa-755-10 given any description of the land which was the subject matter of the Suit and the portion allegedly encroached and after recording that the measurement map was defective, the Appeal has been dismissed and Decree of dismissal of the Suit has been confirmed. 4. These are pure findings of fact and no substantial question of law arises in the Second Appeal, particularly when the Suit has been dismissed on the ground that the proper descriptions are not given and exclusive title has not been proved. The Second Appeal is dismissed. [ G.S. GODBOLE, J. ]