1. This is a Second Appeal by unsuccessful plaintiffs, who lost in both Courts below.

2. Heard learned Adv. Mr. A.V. Bhide for the appellants, learned AGP Mr. D.P. Thakre for respondent nos. 1 to 3 and learned Adv. Mr. S.C. Bhalerao for respondent no.4, since notice was issued.

3. After hearing parties, perusal of impugned judgments, pleadings and other record tendered for perusal, this Court finds that appeal deserves admission on certain Substantial Questions of Law.

4. This Court, therefore, frames following Substantial Questions of Law:-

[1] “Is it permissible for any Court to record a finding about encroachment in absence of fact as to encroachment and extent thereof being ascertained on the basis of authentic public record and with regard to authentic boundaries?

[2] Have the parties to suit exerted to prove and disprove respective cases by legal evidence as to fact of encroachment alleged?

[3] If a party to suit proves the act of encroachment, but fails to prove extent thereof by legal evidence, will it be open to the Court to astutely dismiss the suit, or cause proper local enquiry and render a fresh report under Order 26, Rule 9 of Civil Procedure Code, and