High CourtsSingle Bench(2018) 08 CHH CK 0364

Rameshwar Prasad And Ors vs Pitku And Ors

Chhattisgarh High Court · Decided on 30 August 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Second Appeal No. 291 Of 2004

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Judgment

11 paragraphs · 197 words

Sanjay K. Agrawal, J

1.

This is the appellants / plaintiffs second appeal under Section 100 of the Code of Civil Procedure, 1908.

2.

The suit filed by the appellants / plaintiffs for declaration of title and permanent injunction was dismissed by the trial Court and it has been affirmed

by the First Appellate Court.

3.

Learned counsel for the appellants submits that the concurrent finding recorded by the two Courts below holding that appellants / plaintiffs are not

entitled for declaration of title and permanent injunction is perverse and contrary to record.

4.

I have heard learned counsel for the appellants on question of admission.

5.

The trial Court has clearly held that plaintiffs have failed to prove their title over the suit land and the said finding has been duly affirmed by the First

Appellate Court. The aforesaid finding recorded by the two Courts below are the finding of facts based on material available on record which is

neither perverse nor contrary to record and as such, I do not find any substantial question of law involved in this second appeal for determination.

6.

Accordingly, the second appeal deserves to be and is hereby dismissed.