IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B. Civil Second Appeal No. 74/2008 Kalyan Mal Vs. Nagar Palika, Chaksu & Another. DATE OF JUDGMENT: 04.08.2011 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. M.M. Ranjan, Senior Counsel with Mr. Arun Singh, for the appellant. BY THE COURT:
Heard learned counsel for the appellant.
2. Plaintiff-appellant’s suit for mandatory and permanent injunction in respect of disputed piece of land has been dismissed by both the courts below. However, trial court has already observed that the plaintiff will not be dispossessed without due process of law. The finding recorded by trial court has been affirmed by first appellate court also.
3. The issues involved in the present case are relating to questions of facts and there is concurrent finding of facts by both the courts below. Learned counsel for the appellant is unable to point out any illegality or perversity in the impugned judgments, so as to interfere with the concurrent finding of facts recorded by both the courts below.
4. Second appeal can be entertained only on substantial question of law, which, in my view, is not involved in this second appeal, hence, it is dismissed in limine.
(NARENDRA KUMAR JAIN),J.
Manoj,
S.No.S.119.
