The High Court dismissed the second appeal filed by a plaintiff against the dismissal of his suit for permanent injunction regarding a disputed gateway. The court found no perversity in the lower courts' fact findings that access was available and noted no substantial question of law arose.
The second appeal was dismissed and the record sent back.
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.447/2007
Mohan Lal S/o Chhitar Lal Soni, Resident of Indra Market, Brijrajpura, Kota
----Plaintiff-Appellant
Versus
All are resident of Brahampuri, Indra Market, Brijrajpura, Kota.
----Defendant-Respondents
For Appellant(s) : Mr. Shailesh Prakash Sharma For Respondent(s) : Mr. Deepak Pareek
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
02/11/2022
(2 of 3)
[CSA-447/2007]
that his way to his house has been narrowed. It has come on record that the gate was installed by defendants after dismissal of the application for temporary injunction but without seeking any permission from the Nagar Nigam. The appellate court though has noticed that not taking permission from Nagar Nigam is irregularity but not illegality and plaintiff never made any complaint before the Nagar Nigam, Kota. Since both courts below, on the basis of plaintiff’s evidence, have found that his access to the house is available and there is no clear evidence that in what size the way has been squeezed. Therefore, in view of such evidence, both courts below have dismissed the suit for permanent injunction.
(3 of 3)
[CSA-447/2007]
involvement/formulation of substantial question of law is sine qua non for entertaining the second appeal.
(SUDESH BANSAL),J
SAURABH/92
2 issues framed by the court
Whether the findings of fact regarding availability of access and lack of substantial encroachment by lower courts were perverse.
Whether there is any substantial question of law involved to sustain the second appeal under Section 100 CPC.
Colour shows how this judgement treated each authority
C. Doddanarayan Reddy vs. C. Jayarama ReddyReferred¶27
C. Doddanarayan Reddy vs. C. Jayarama Reddy [(2020) 4 SCC 659] · Who else cites this
Mohan Lal S/o Chhitar Lal Soni
Smt. Anandi Bai W/o Late Shri Girdhari Lal
Shyam Sundar S/o Late Shri Girdhari Lal
Narendra Kumar S/o Late Shri Girdhari Lal
The Municipal Corporation, Kota
SUDESH BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
