Smt. Mamta Sharma vs Shailendra @ Raju
2021 Latest Caselaw 3326 MP

                                                                       1                                 SA-720-2021
                                            The High Court Of Madhya Pradesh
                                                        SA-720-2021

(SMT. MAMTA SHARMA Vs SHAILENDRA @ RAJU AND OTHERS)

Jabalpur, Dated : 15-07-2021 Heard through Video Conferencing.

Shri R.P. Shivhare, learned counsel for the appellant. Heard on admission.

The appellant/plaintiff has filed this second appeal under Section 100 of the Code of Civil Procedure feeling aggrieved by judgment and decree of

the trial court dated 10.12.2015 passed in Civil Suit No36-A/2014. The appellate Court judgment dated 26.03.2021 passed in Civil Appeal No.01/2016 is also called in question in this Second Appeal.

The appellant/plaintiff filed a suit for declaration of possession and permanent injunction. The trial court after framing the issues has dismissed the suit. The appellate Court has also passed a detail judgment and decree after considering each and every aspect of the matter.

Learned counsel for the appellant submits that the courts below have wrongly decided the claim of the appellant, hence, it is required to be decided

by this Court that whether both the courts have committed any error of law and fact while deciding the claim of the appellant/plaintiff.

From a perusal of the record, it is seen that both the courts have considered the pleadings of the parties and framed the issues on the basis of rival stand. After marshaling the entire evidence, the issues were properly decided by the courts below. There are concurrent findings of fact by both the courts. Learned counsel for the appellant is unable to show that those findings are either contrary to record or perverse. No substantial question of law could be pointed-out which needs adjudication in the present second appeal. In view of the concurrent findings of fact, I find no reason to entertain this appeal.

The Second Appeal being bereft of merit, is hereby dismissed. Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.07.16 17:15:09 IST 2 SA-720-2021 (RAJENDRA KUMAR (VERMA)) JUDGE sj

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2021.07.16 17:15:09 IST