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MIZAZ HUSSAIN v M B BUNDI& ORS - CSA Case No. 151 of 2005  RD-RJ 2367 (26 October 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.151/2005
Mizaz Husain S/o Haidar Ali ...plaintiff-appellant
Municipal Board, Bundi & Another ...defendant-respondents
Date of Order ::: 26.10.2006
Hon'ble Mr. Justice Narendra Kumar Jain
Shri Umesh Shringi, Counsel for plaintiff-appellant ####
By the Court:-
Heard learned counsel for the plaintiff- appellant.
The plaintiff-appellant filed a suit for declaration and permanent injunction in the lower court. The learned lower court decreed the suit of the plaintiff-appellant and directed that he will not be dispossessed without due process of law. However, the judgment and decree passed by the lower court was challenged by the plaintiff-appellant but the learned first appellate court dismissed the appeal. Now again this second appeal has been preferred by the plaintiff-appellant.
I have considered the submissions of learned counsel for the plaintiff-appellant. The learned lower court has already safeguarded the interest of the appellant. So far as controversial issues are concerned, they are relating to question of fact and there is concurrent finding of fact by both the courts below which cannot be interfered with by this court in second appeal under Section 100 of the C.P.C.
No substantial question of law is involved in this second appeal and the same is dismissed in limine.
(Narendra Kumar Jain) J. //Jaiman//
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