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IQBAL KHAN & ANR v FAKIR MOHAMMAD @ FAKIRIYA & AN - CSA Case No. 222 of 1999  RD-RJ 3335 (13 July 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH
S.B. CIVIL SECOND APPEAL NO.222/99
Iqbal Khan & Anr.
Fakir Mohammad @ Fakiriya & Anr.
DATE OF ORDER :: 13/07/2007
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. D.D. Patodia, for appellant
Mr. Ajay Gupta, for respondents
Instant appeal has been filed by plaintiff- appellant assailing the judgments of learned trial Judge and so also of learned Appellate
Court whereby the suit filed for permanent injunction and demolition of construction against defendants-respondents has been dismissed.
Appellant came with a specific case in his plaint that he purchased Plot Nos.R.40 & R.41 situated in Rana Colony, Jaipur and in front of his house, the defendant on construction of room has encroached the public road which is 30 ft. wide as available in the site plan issued to him by the then the Municipal Corporation or even by
JDA at a later stage and in support of it, Ex.12 site plan & Ex.13 were placed on record to substantiate their statement of fact since this was disputed by defendant-respondents in their
CSA 222/99 written statement. A specific issue No.1 was framed, which is as under:
" .- 2
Learned trial Judge after taking into consideration the material decided the same against plaintiff-appellant and the said finding was affirmed on appreciation of documents which appellant additionally placed on record at appellate stage by filing application U/O 41 R.27
CPC as well.
I have considered the submission of both the counsel and perused the finding recorded under order impugned & so also record of the case.
Counsel for appellant has tried to convince this court that the documents referred to by courts below have not been properly appreciated and infact have misread in recording finding and that requires consideration by this court.
After going through the record, this court finds that both the courts below have appreciated documents on record including Ex.12 & 13 on which
CSA 222/99 counsel has stressed upon and concurrent finding of fact has been recorded by both the courts below which does not call for any further interference. No substantial question of law arises in the instant appeal for consideration.
Consequently, the appeal fails and is hereby dismissed. [AJAY RASTOGI],J.
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