1) It is necessary to peruse order passed by trial court to advice

2) when was encroachment done

3) you ought to to have filed suit to set aside encroachment at the earliest and not waited for number of years

4) contact a local lawyer and file appeal at the earliest

1. It is not so. The lower court over concentrated on the point of limitation, it appears it did not went through the merits of the case.

2. Secondly, it appears you might not have filed an application for appointment of Court Commissioner/Taluka Survery under order 26 rule 9 of CPC for survey.

3.It is the primary duty of the surveyors to find out the location of boundary stones as per government survey records. Lot of home work needs to be done in your case. Better in your appeal press for remand of the case to the trial court as sufficient opportunity was not given to you. You c an successfully prove the encroachment. Be assured.

1) take search in sub registrar office and seek certified copy of sale deed executed in favour of your neighbour which would mention boundary of his land

1. Take an endorsement to the effect that they have no land documents then court will take its own decision by asking the parties to adduce other reliable evidence.

2. There are so many alternatives, each case is a research paper, let your lawyer work on it.

It appears you have lost the case in trial court.

So in the first appeal which is statutory appeal also is your best option.

In the first appeal the appeal court can re-appreciate the evidence the once again.

Hence in the first appeal you must go full throttle.if you lose in the first appeal the second appeal would be limited to substantial question of law only which is often goes with the decisison of first appeal.

1. The first appellate court has the power to reappreciate the entire evidence and set aside the finding of the trial court. It can set aside the judgment on facts and also law.

2. The trial court has dismissed your suit on the ground that it is barred by limitation. It is not clear from your query as to what was the relief that you had sought from the trial court in your suit. Without perusal of the suit papers and trial court's judgment it is not possible to advise on the prospects of appeal.

Precise can be advised on perusal of all documents.

1. It is well settled proposition of law that Injustice should not be letimised on the ground of technical/procedural lapse.

2. You should go for an appeal claiming that they had not constructed the said gate before 15 years and also praying for a direction upon the Surveyor to measure the area since area can be measured by the surveyor from other survey stonesd available in the area and the Survey map.

1. They are supposed to have the land documents/Mouza map for measuring your area with dag no.

2. Get the High court order to measure your area as advised in my earlier post.

It is not understood that what were your pleadings in this regard which rendered the judgment against you.

However there is nothing wrong in preferring appeal before appellate court against the grievances suffered due to the judgment which you may consider to be erroneous.

Just one more thing along with surveyor commissioner also came and both of them didnt measure our land saying that as they dont have land documents they are not able to measure it for sure

Then this could have been objected during examination of the commissioner in court when he/she submitted his report before the court

Why did you not object to this report and sought for re-commission either through the same commissioner or some other commissioner.