A civil second appeal filed for mandatory and permanent injunction was dismissed. The court held that the finding that the disputed way was jointly left by parties and not a public way was a concurrent finding of fact with no substantial question of law.
The Civil Second Appeal was dismissed as it did not survive.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Second Appeal No. 290/2020
Girdhari Lal Son of Shri Rudaram, R/o Ward No.07, Kasba Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu Rajasthan.
----Plaintiff-Appellant
Versus
All residents Ward No. 07, Kasba Nawalgarh, Tehsil Nawalgarh, District Jhunjhunu, Rajasthan.
----Respondents
For Appellant(s) : Mr. D.S. Dhariwal For Respondent(s) :
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
19/01/2021
The instant civil second appeal has been filed by the plaintiff-appellant under Section 100 CPC against the judgment and Decree dated 9.9.2020 passed by the Court of District Judge, Jhunjhunu (for short ‘the appellate Court’) in Civil Regular Appeal No.81/2019 (CIS No.72/2019) whereby the appellate Court while dismissing the appeal confirmed the judgment and decree dated 3.10.2019 passed by Gram Nayayadhikari, Gram Nayayalya, Nawalgarh, District Jhunjhunu in Civil Original Suit No.32/2015 (B.T. No.114/2018) CIS No.CO/114/2018 by which the suit of the plaintiff-appellant filed for mandatory and permanent injunction was dismissed.
(2 of 2)
[CSA-290/2020]
Perused the impugned judgments passed by both the Courts below.
The Courts below came to the conclusion that the way in dispute was not a public way but the same was left jointly by both the parties. Thus, the appellants do not have any right to make encroachment, create nuisance, raising any kacha or pucca construction of the way. The findings recorded by both the Courts below are concurrent findings of fact. No substantial question of law is involved in this appeal.
In view of above, the Civil Second Appeal filed by the plaintiff-appellant does not survive and accordingly stands dismissed.
(GOVERDHAN BARDHAR),J
Dheeraj /36
1 issue framed by the court
Whether any substantial question of law arose regarding the findings that the disputed way was jointly left by both parties and not a public way.
1 provisions across 1 enactments
Girdhari Lal Son of Shri Rudaram
Richhpal Son Of Shri Pokarmal
Shivpal Son Of Shri Pokarmal
Prem Kumar Son Of Shri Pokarmal
GOVERDHAN BARDHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
