1 1025 SA.109.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. 1025 SECOND APPEAL NO. 109 OF 2026 BALIRAM SHAMRAO MORE AND ANR VERSUS ASHOK NAGNATH MORE ... Mr. Sushant Baburao Choudhari, Advocate for Appellants / Defendants. Mr. Sanjay A. Wakure, Advocate for Respondent / Plaintiff. ... WITH CIVIL APPLICATION NO. 12165 OF 2023 IN SA/109/2026 ... CORAM : SANJAY A. DESHMUKH, J. DATE : 22nd September, 2026. Per Court: 1 Heard learned Advocates for both the sides at length. 2 The learned Advocates for the appellants / original defendants and respondent / original plaintiff pointed out the pleadings and impugned judgment passed by learned District Judge-2, Osmanabad in Regular Civil Appeal No.149 of 2015, dated 19th November, 2022, which was preferred against the judgment and decree passed by the learned 4th Joint Civil Judge, Junior Division, Osmanabad in Regular Civil Suit No.228 of 2010, dated 29th April, 2014. 2026:BHC-AUG:43593 2 1025 SA.109.2026.odt 3 The plot bearing village Panchayat No.71, out of land Block No.422, admeasuring 1000 sq.ft, situated at village Wadgaon (Si), Tahsil and District Osmanabad, is the subject matter of suit and appeal. The respondent / plaintiff came with the case that appellants / defendants have encroached upon the suit property by raising tin- shed. On the basis of title, he claimed possession of it, and also prayed for perpetual injunction for not causing obstruction to the plaintiff’s suit property, which he got as per the order of Tahsil Office, Osmanabad. The suit was decreed. The Regular Civil Appeal filed by the appellants / original defendants was dismissed. Therefore, this Second Appeal has been preferred. 4 The learned Advocate for the appellants/defendants submitted that Kabala by which suit property was allotted to the respondent/plaintiff is not proved. The appellants are owner of the adjacent plot and they purchased it. He submitted that the reasons and findings of both the Courts are not legal and correct. He submitted to form the substantial question of law and to grant the interim relief as per grounds of objections raised in the appeal. 5 The learned Advocate for the respondent / plaintiff strongly opposed the appeal and submitted that there are concurrent findings in favour of the respondent / plaintiff. As per the order of the Tahsildar, 3 1025 SA.109.2026.odt the respondent / plaintiff is owner and possessor of the suit property. The evidence of Kabala Exhibit-44 is not disproved by the appellants / original defendants. He submitted that mere possession without title cannot be protected. He, therefore, prayed to dismiss the appeal as no substantial question of law arises for determination. 6 On perusal of both the judgments and after considering the submissions of both the sides, this Court found that the impugned judgment is well reasoned. The title of the plaintiff is based on the Kabala at Exhibit -44 / i.e. an order passed by the Tahsildar. It is a public document and proof of it is dispensed with, as there is presumption as to its genuineness, as per Section 79 of the Indian Evidence Act, 1872, corresponding to Section 78 of the Bharatiya Sakshya Adhiniyam, 2023. As per said Sections, though there is presumptive value to the Kabala at Exhibit-44 / i.e. an order of the Tahsildar, though it is rebuttable presumption. The onus lies upon the appellants / defendants to rebut it. The defendants failed to disprove the evidence of plaintiff. The learned Trial Court and the Appellate Court have given convincing and acceptable reasons in favour of the respondent / plaintiff. There is no substance in the grounds of objections raised in the Second Appeal. No substantial question of law arises for determination as there are concurrent findings on facts in favour of respondent / plaintiff. The appeal deserves to be dismissed. 4 1025 SA.109.2026.odt The Second Appeal is, therefore, dismissed in limine. 7 Civil Application No.12165 of 2023 of 2026 filed for stay to the execution of the impugned judgment and award is disposed of. [ SANJAY A. DESHMUKH, J. ] nga