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JAGDISH & ORS versus GULAB CHAND & ANR

High Court of Rajasthan

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JAGDISH & ORS v GULAB CHAND & ANR - CSA Case No. 573 of 1999 [2006] RD-RJ 3089 (5 December 2006)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

ORDER

S.B. Civil Second Appeal No.573 of 1999

Jagdish (since deceased) through his LRS Bhanwar Lal &

Others.

Versus

Gulab Chand & Others.

Date of Order ::: 05/12/2006

Hon'ble Mr. Narendra Kumar Jain, J.

Mr. A.L. Verma, Counsel for defendant-appellants.

Mr. R.S. Mehta, Counsel for plaintiff-respondents

By the Court :

Heard learned counsel for both the parties.

The plaintiff-respondents filed a suit for permanent injunction based on easementary right, which was decreed by the Lower Court. The judgment and decree passed by the Lower Court has been affirmed by the

First Appellate Court also.

I have heard learned counsel for both the parties and after considering their submissions in the light of the findings of both the Courts below, I find that the controversial issues involved in the present case relate to the question of facts and there is a 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 accordingly dismissed at the admission stage itself with no order as to costs.

(Narendra Kumar Jain) J. ashok/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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