Lrs Of Narsaram & Ors vs Dungar Singh & Ors on 20 October, 2008

      SBCSA NO.336/2007 - LRs. OF NARSA RAM V/S DUNGAR SINGH AND ORS. : JUDGMENT DATED 20.10.2008


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       IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

                                           JODHPUR.


      S.B. CIVIL SECOND APPEAL NO.336/2007

      Narsa Ram and ors.

                                              versus

      Dungar Singh and ors.

                                      PRESENT

                   HON'BLE Dr.JUSTICE VINEET KOTHARI


      Mr.S.G.Ojha, for the appellants.



      DATE OF JUDGMENT                        : 20th October, 2008.

                                         JUDGMENT

1. Both the courts below have concurrently held against the

plaintiffs – appellants that the public way going to the cremation ground is

being used for long number of years as public way and does not pass

through the land belonging to the plaintiffs – appellants and therefore, the

suit for injunction filed by the plaintiffs – appellants has been dismissed by

the Courts below.

SBCSA NO.336/2007 – LRs. OF NARSA RAM V/S DUNGAR SINGH AND ORS. : JUDGMENT DATED 20.10.2008

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2. Having heard the learned counsel and upon perusal of the

impugned judgment, this Court finds no substantial question of law arising

in the matter and the Courts have addressed the relevant evidence and the

findings returned by the Courts below cannot be said to be perverse in any

manner. Consequently, this second appeal is found to be devoid of merit and

the same is accordingly dismissed. No order as to costs.

(Dr.VINEET KOTHARI)J.

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