JUDGMENT :

Heard Shri S. R. Deshpande, learned counsel for the appellant and Smt. S.W. Deshpande, learned counsel for the respondent.

1. The parties shall be referred to as they were arrayed before the Trial Court.

2. The plaintiff had filed a suit bearing R.C.S. No.71/2010, against his cousin, the defendant alleging that the defendant had encroached on his agricultural land to the extent of 0.03 R, and claimed a decree for possession. The land of Survey No.71, which was initially held jointly by the plaintiff and defendant was separated and was renumbered as Survey No.71/1 (new Gut No.139) and Survey No.71/2 (new Gut No.125) respectively. The plaintiff who owns the land bearing Gut No.139, claimed that an area of 0.03 R. from Gut No.139 was encroached by the defendant resultant to which, the suit for removal of encroachment came to be filed.

3. Before the Trial Court, the measurement of the land came to be made on 25/06/2010 by PW-2 Sarde, relying upon whose evidence, and the measurement map at Ex.63, the learned Trial Court passed a decree for removal of encroachment and possession as well as mesne profit against the defendant on 27/01/2014.

4. The aforesaid judgment and decree was ch