RAMBHAU GANPATI NAGPURE Vs. GANESH NATHUJI WARBE

JUDGEMENT

(1.) This appeal is directed against the final judgment and order dated 28.01.2009 passed by the High Court of Judicature at Bombay, Nagpur Bench whereby the second appeal filed by the appellant was dismissed on the ground that no substantial question of law arose.

(2.) Brief facts of the case are that the parties owned agricultural land adjoining each other in Mouza Sirsi. The plaintiffs (Respondents before us) filed a suit claiming that the ancestral land of the plaintiffs was about 6.07 hectares, and to the south of the field of the plaintiffs lay the defendant's (Appellant before us) field and the area of the land owned by the defendant was 4.23 hectares. A re-survey was done in the year 1991 and in the re-survey the land of the defendant was shown to be 5.3 hectares, which was in excess by 1.07 hectares.

(3.) Thereafter, the plaintiffs filed an application before the Sub Divisional Officer (S.D.O. for short), Umrer, and got the field remeasured as per the old record. Thereafter, the S.D.O. by his order dated 31.07.2000 directed the Taluka Land Inspector for correction of revenue record whereby the original position of the field was restored. In the revenue record, the area and maps of the plaintiffs' field as well as 7/12 extract of the field of plaintiffs was corrected.