Phooli Devi W/O Umrao vs Gyarsiram S/O Shri Ramsahai
2021 Latest Caselaw 2167 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 557/2019

1.     Phooli Devi W/o Umrao, Resident Of Khairthal, District
       Alwar Since Deceased Now Being Represented Through:-
       1/1.Umrao Lal Saini S/o Sh. Khayali Ram Saini
       1/ 2. Umashankar
       1/3. Bhim Singh
       1/ 4. Ram Kishore
       1/5. Chimmanlal
       1/6. Subhash
       All   S/o   Phooli     Devi,      Resident        Of     Khairthal   Tehsil
       Kishanbas, District Alwar
                                                      ----Plaintiffs-Appellants
                                   Versus
1.     Gyarsiram S/o Shri Ramsahai, B/c Mali, Resident Of Ward
       No. 1 (Since Deceased) Now Being Represented Through
       Following Legal Representatives:-
       1/1. Anguri Devi W/o Gyasiram,
       1/ 2. Raghunath S/o Gyasiram,
       1/3. Pappu @ Ganpat S/o Gyasiram, resident of Ward
       No.1, Khairthal
       1/ 4. Heera Devi D/o Gyasiram W/o Shishram, Resident
       Of Khairthal, Dist. Alwar
       1/5. Vimla Devi Widow Of Not Known D/o Gyasiram,
       Resident Of Khairthal, Dist. Alwar
       1/6. Pappi D/o Gyasiram W/o Raghuveer Saini, Resident
       Of Bawal, Dist. Rewari, Haryana
       1/7. Suman D/o Gyasiram W/o Babu Lal Saini, Resident
       Of Harsoli, Tehsil Kotkasim, Dist, Alwar
2      Municipal Council Through Executive Officer, Municipal
       Council, Khairthal, Tehsil Kishangarhbas, Dist. Alwar
                                               ----Defendants-Respondents

For Appellant(s) : Mr. Ajeet Kumar Bhandari (Through VC) For Respondent(s) :

(2 of 2) [CSA-557/2019]

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Order

05/03/2021

The instant civil second appeal has been filed by the

plaintiffs-appellants under Section 100 CPC against the judgment

and decree dated 23.10.2019 passed by the Court of Additional

District Judge, Kishangarhbas, No.2, Alwar (for short the "appellate

Court") in Civil Appeal No.13/2018 whereby the appellate Court while

dismissing the appeal filed by the plaintiffs-appellants affirmed the

judgment and decree dated 3.8.2009 passed by the Court of Civil

Judge, Kishangarhbas, Alwar in Civil Suit No.36/1998 by which the

suit filed by the plaintiff-appellant was dismissed.

Heard learned counsel for the appellant.

Perused the impugned judgments dated 23.10.2019 and

3.8.2009 passed by both the Courts below.

On perusal of the case file, I am of the view that there is

no substantial question of law involved in this appeal.

Both the Courts below decided the main issue with

regard to title in favour of defendants - respondents holding that

the construction of disputed wall was on the public way and the way

has been used by the residents of the colony. The findings recorded

by both the Courts below are concurrent findings of fact. Thus, the

impugned judgment and decree passed by both the Courts below

warrant no interference of the Court under Section 100 CPC.

The second appeal filed by the plaintiffs-appellants is

bereft of merit and accordingly stands dismissed.

(GOVERDHAN BARDHAR),J

Dheeraj/44

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