Rajasthan High Court - Jodhpur
Munc Board, Jaisalmer & Anr vs Kaishari Mal on 3 August, 2011
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. Civil Second Appeal No. 174/2011
Municipal Board, Jaisalmer & Anr. Vs. Kasrai Mal
Judgment dated 03/08/2011
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
JUDGMENT
S.B. Civil Second Appeal No. 174/2011 Municipal Board, Jaisalmer & Anr. Vs. Kesari Mal Date of Judgment : 03/08/2011 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Yashwant Mehta, for the appellant.
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1. Heard learned counsel for the appellant.
2. This second appeal has been filed by the defendant- appellant-tenant under Section 100 of CPC against the judgment and decree of first appellate court dated 16.05.2008 in Civil Appeal No.7/2007 whereby the learned first appellate court has dismissed the appeal while upholding the judgment and decree rendered by learned trial court dated 02.06.2007 in Civil Suit No. 18/2003 by which learned trial court decreed the suit for permanent injunction in favour of respondents-plaintiffs and directed the defendants not to create any obstruction in the use of way in question.
3. Having heard learned counsel for the appellant, this Court is of the opinion that no interference is called for in the judgment and decree of first appellate court upholding the judgment and decree passed by learned trial court. In considered opinion of this Court, no substantial question of law arises in the present second appeal.
4. Accordingly, the second appeal itself being devoid of merit fails and the same is hereby dismissed. No costs.
(DR. VINEET KOTHARI), J.
DJ/-
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