JUDGMENT/ORDER

1. Heard Mr J. P. Mulgaoankar, learned senior counsel who appears along with Ms Rupa Banaulikar for the appellant. Mr Ivan Santimano, learned counsel who used to appear for respondents no.1 and 2 stated that he had no instructions to appear for the legal representatives of deceased respondents no.1 and 2.

2. This second Appeal was admitted on 22/12/2010 on the following substantial questions of law:-

<WXY>(I) Whether the failure of the defendants to prove that the area of their property under survey no.17/5 is wrongly shown in the survey records as concurrently found by the trial and appellate court was not by itself sufficient proof of plaintiffs case that the defendants have encroached on their property under survey no.17/4 ?

(II) Whether the First Appellate Court was not wrong to assume that in the suit involving purely a boundary dispute between the adjoining properties, the title of the properties was also in issue and the area of the property given in the title documents was the determining factor ?</WXY>

3. The appellant is the original Plaintiff, and the respondents are the original defendants in Regular Civil Suit No.25/2000/C instituted in the Court of the Civ