JUDGMENT - KHARCHE S.T., J.:---This second appeal arises out of the judgment and decree dated 10-02-1987 passed by the Appellate Court i.e. Additional District Judge, in Regular Civil Appeal No. 48/1982, who allowed the appeal and set aside the decree passed by the trial Court dismissing the suit. The Appellate Court directed the appellant/defendant to remove the encroachment of 7 Ars, of the land denoted A, B, C, D, in red pencil shed at Exh. 33, which was a joint measurement map prepared by the cadastral surveyor, which formed as part of the decree. The Appellate Court also directed that in case the defendants did not remove the encroachment the plaintiffs would be entitled to get the possession of the encroached land by appointing Court Commissioner of the level of cadastral Surveyor.

2. Heard Shri. S.R. Deshpande, the learned Counsel for the defendants and Shri P.P. Kotwal, the learned Counsel for the plaintiffs. I have perused the judgment passed by both the courts below. The trial Judge measurement map regarding the portion which was shown to the extent of 9 acres being fallow land. The trial Judge held that the plaintiff has failed to establish that the defendants have made

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