1

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY

BENCH AT AURANGABAD.

SECOND APPEAL NO.783 OF 2009.

Vishwanath S/o Umaji Garudi

... Appellant.

Versus

Bhimrao S/o Munjaji Jintalwad

and others

... Respondents.

...

Mr.M.M.Patil (Beedkar), advocate for the

appellant.

Miss. S.S.Adkine, advocate holding for

Mr.S.K.Adkine, advocate for the Respondent No.1.

...

CORAM : V.R.KINGAONKAR,J.

Date : 04.11.2009.

PER COURT

1.

This Second Appeal is preferred by the

original defendant.

2.

Heard learned counsel. Adjournment was

2

sought on behalf of the Respondents because

Mr.Adkine, advocate has gone out of Station.

Request rejected.

3.

The suit of the Respondents for removal

of encroachment (Vide RCS No.135/1986) came to be

decreed and the present appellant was directed to

deliver possession of encroached 26 Ares land.

It is pertinent to notice that the appellant had

already ventilated grievances in the earlier

round of litigation as regards the manner of

measurement. In previous round of litigation,

this Court held that lopsided measurement of the

plaintiff's land was improper and, therefore,

t