1. This second appeal is directed against the judgment and order dated 20th July 2012 passed by the District Judge-I, Akola in Regular Civil Appeal No. 3 of 2009. The said appeal arose from judgment and decree passed by the Joint Civil Judge JD, Akola in Regular Civil Suit No. 6 of 2009 whereby suit was dismissed.

2. Facts, in brief, are that the plaintiffs own and possess field Gat No. 26 admeasuring 5.88 HR situated at village Dhamana Bk, Tahsil Akot, District Akola. Plaintiffs complained of encroachment on their land by adjacent land owner and, therefore, on 24.6.2004, Taluqa Inspector of Land Records, Akot was approached for encroachment of the suit land. Measurement was done and according to TILR, southern side land-holder (defendant) made encroachment over the land of plaintiffs to the extent of 00.46 HR. Plaintiffs, therefore, served the defendants with legal notice dated 22.9.2004 calling upon them to remove encroachment. Inspite of receipt of notice defendants did not remove encroachment and hence, plaintiffs were constrained to file suit.

3. Defendants filed their Written Statement and denied all adverse allegations. They contended that on southern side of Gat No.