Dismissed

Malhari Tukaram Tambve v. Dashrath Gosu Kale

Bombay HC14 Oct 2019SA/327/2019

Case brief

AI extract

What is this about?

In this second appeal challenging a decree for removal of encroachment, the High Court upheld the concurrent findings of Courts below. The Court held that trial Court's reliance on T.I.L.R. measurement based on Phalni Map was valid and declining a lesser appeal mentioned in the header but the main text says OM opportunitude had the Hopperwhelen sought further measurement was dismissed.

What did the court decide?

Second Appeal dismissed; decree of the trial Court in favor of respondent-plaintiff confirmed based on encroachment of 12R.

Malhari Tukaram Tambve Vs Dashrath Gosu Kale — Landlord and Tenant | Bombay HC (2019)

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ds 327.19.doc

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Urmila Ingale

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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 SECOND APPEAL NO. 327 OF 2019

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Malhari Tukaram Tambve .. Appellant
Vs.
Dashrath Gosu Kale .. Respondent

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Mr.Prabhakar M.Jadhav, for the Appellant.

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CORAM : M.S.KARNIK, J.

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 DATE : 14th OCTOBER, 2019

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P.C.:

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Heard learned Counsel for the appellant. The

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appellant is the original defendant. The respondent – plaintiff

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filed the Suit for removal of encroachment to the extent of 13 R.

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The trial Court decreed the Suit and declared that there is
encroachment to the extent of 12 R.

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2.Learned Counsel for the appellant assailing the

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impugned judgment and decree contended that the
measurement is carried out by T.I.L.R. only on the basis of

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ds 327.19.doc

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Phalni Map. It is the contention of the learned Counsel for the
appellant that in such a Suit, the trial Court should have got the
measurement carried out by ordering the superior Revenue
Officer to carry out nimtana survey. He would further submit
that though there are concurrent findings, but the Courts below
are not justified in concluding that there is encroachment only
on the basis of Phalni Map.

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3.I have gone through the findings recorded by the
Courts below. The Suit is for removal of encroachment to the
extent of 13R. The trial Court has decreed the Suit for removal
of encroachment to the extent of 12R. Both the Courts below
on the basis of the evidence on record and after appreciating
evidence of P.W.1- T.I.L.R. have come to the conclusion that
measurements have been carried out in accordance with the
procedure laid down. The Courts below on the basis of the
evidence of P. W.1 who is T.I.L.R. concluded that the
measurement can be carried out on the basis of Phalni Map. On
the basis of all these materials, the Courts below concluded that

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ds 327.19.doc

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there is encroachment to the extent of 12R. When there is
ample material & cogent evidence on record to indicate that
there is encroachment to the extent of 12R, in my opinion,
contention of the learned Counsel for the appellant that there
should have been further nimtana measurement is not tenable.
The present Appeal does not involve any substantial question of
law. The Courts below have concurrently found that there is
encroachment to the extent of 12R. I do not find any perversity
with the findings recorded by the Courts below which is on the
basis of the evidence on record. Second Appeal is dismissed.

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 (M.S.KARNIK, J.)

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Urmila Digitally signedby Urmila P. P. IngleDate: 2019.10.14 Ingle 15:15:04 +0530

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Malhari Tukaram Tambve v. Dashrath Gosu Kale

Case brief

What is this about?

What did the court decide?

Malhari Tukaram Tambve v. Dashrath Gosu Kale

Case brief

What is this about?

What did the court decide?

What the court decided

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