Smt. Shevantbai Jivaji Shinde T.H, A, v. 1. Smt. Kausalya Vasnt Deshmukh And ORS

2306sa469.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Second Appeal No.469 of 2013 (Smt. Shevantabai J. Shinde v. Smt. Kausalya Vasant Deshmukh and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri J.M. Puranik, Advocate for Appellant.

Shri R.D. Suryawanshi, Advocate for Respondent No.2. Coram : R.K. Deshpande, J.

Dated : 23 rd June, 2015 The appellant is the original defendant and the owner of Survey No.15/1 sold by the respondents/plaintiffs. The plaintiffs are the owners of Survey No.10/2. The suit was filed seeking removal of encroachment to the extent of 0.8 R of land in Survey No.10/2 owned by the plaintiffs. The Courts below have relied upon the report of the Surveyor at Exhibit 91 after remand in the earlier round of litigation. The Courts have also relied upon the statements recorded by the Surveyor at Exhibit 96. The findings of fact are recorded on the basis of the evidence available on record. Thus, no substantial question of law arises in this second appeal.

The second appeal is dismissed.

Judge.

Lanjewar