Girdhari Lal Son Of Shri Rudaram vs Richpal Son Of Shri Pokarmal
2021 Latest Caselaw 437 Raj/2

       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
1.     Richhpal Son Of Shri Pokarmal,
2.     Shivpal Son Of Shri Pokarmal,
3.     Prem Kumar Son Of Shri Pokarmal,


       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

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