In this second appeal challenging decrees rejecting prayers for permanent injunction, the court found the plaintiffs failed to prove title or plaint map. Lower courts' findings were upheld as not perverse. The appeal was dismissed.
The second appeal challenging the rejection of prayer for permanent injunction has been dismissed.
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Court No. - 4
Case :- SECOND APPEAL No. - 155 of 2022
Appellant :- Nepal Singh (Dead) And 24 Others Respondent :- Jairam (Dead) And 7 Others Counsel for Appellant :- Sanjeev Kumar Yadav,Shekhar Chaudhary Counsel for Respondent :- Sanjay Kr. Srivastava,Rahul Kumar Tiwari
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the appellants and Sri Sanjay Kumar Srivastava, the counsel for the respondents.
This is a plaintiffs' second appeal challenging the decrees dated 31.5.2007 passed by the Second Upper Civil Judge (Junior Division), Shikohabad in Original Suit No. 92 of 1991 as well as 28.10.2021 passed by the Additional District Judge / Session Judge, Court No.02, Firozabad in Civil Appeal No. 29 of 2007 whereby the courts below have rejected the prayer of the appellants for grant of a permanent prohibitory injunction.
A perusal of the records annexed with the second appeal shows that the suit for permanent injunction was based on the title of the plaintiffs which was not proved by the plaintiffs before the trial court either through documentary evidence or through the testimony of the plaintiffs' witness. It is also apparent from a reading of the judgment of the lower appellate court that the plaint map was not proved by the plaintiffs.
The findings recorded by the courts below are findings of facts recorded after considering the evidence available on record. There is no perversity in the findings of the lower courts. No substantial question of law arises in the present appeal.
The second appeal is dismissed .
Order Date :- 15.3.2022 Satyam
Digitally signed by SATYAM AGRAHARI Date: 2022.03.15 13:56:08 IST Reason: Location: High Court of Judicature at Allahabad
Nepal Singh (Dead) And 24 Others
Jairam (Dead) And 7 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
