Citation : 2013 Latest Caselaw 1592 Del
Judgement Date : 8 April, 2013
* HIGH COURT OF DELHI AT NEW DELHI
+ RSA No.291/2006
Decided on : 8th April, 2013
BRAHAMJEET ...... Appellant
Through: Ms.Monica Kapoor, Advocate
Versus
KANWAR PAL GAUTAM & ORS. ...... Respondents
Through
CORAM:
HON'BLE MR. JUSTICE V.K. SHALI
V.K. SHALI, J. (ORAL)
1. This is a regular second appeal filed by the appellant.
2. I have heard the learned counsel for the appellant.
3. The appellant/plaintiff had filed a suit bearing No.231/2004 for
possession and permanent injunction against the respondents. The
said suit was dismissed after trial by the learned Civil Judge on
22.2.2006.
4. The appellant/plaintiff feeling aggrieved, preferred an appeal
bearing Civil Appeal no.30/2006 titled Sh.Brahamjeet Vs.
Sh.Kanwarpal Gautam and Ors. which was also dismissed by the
first appellate Court on 30.5.2006 upholding the judgment and
decree passed by the trial court.
5. Still not feeling satisfied, the appellant has filed the present regular
second appeal.
6. The learned counsel for the appellant has not been able to
formulate any substantial question of law arising from the present
regular second appeal. The submissions which have been urged by
the learned counsel for the appellant is essentially with regard to
appreciation of the evidence adduced by the appellant before the
trial court. With regard to the appreciation of evidence, there is a
concurrent finding of fact and admittedly it is not the case of the
appellant that there is any perversity in the finding of fact returned
by the courts below, accordingly, in my view, the present regular
second appeal does not raise any substantial question of law, hence
the same is dismissed.
V.K. SHALI, J.
APRIL 08, 2013 RN
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