10.When there is a specific finding by the trial Court that the portion mentioned as 'BCHI' in the Advocate Commissioner's report and plan was allotted to the first respondent and the same was based on the recitals in Ex.B1 and the oral testimony of witnesses, in absence of challenge by the first appellant, the said findings had obtained finality. In fact, based on this finding, the prayer for injunction made by the first appellant was negatived by the trial Court. The first appellant, who was un-successful before the trial Court failed to challenge the decree as well as the findings, which were made against him. The appellate Court in its judgment rightly observed that when the trial Court's finding that BCHI portion mentioned in the Advocate Commissioner's report and plan was allotted to the first respondent had attained finality, the first respondent is entitled to his prayer for mandatory injunction. The allotment of BCHI to the first respondent is a finding of fact rendered by the trial Court and the same had also already attained finality as the first appellant/plaintiff failed to challenge the same by filing regular appeal. Hence, as rightly found by First Appellate Court, the first respondent is entitled to mandatory injunction as prayed for.
