Govind Mathur, J. - (1.) THIS second appeal is preferred to challenge the judgment and decree dated 17.2.2009 passed by learned Additional District Judge No. 2, Bikaner affirming the judgment and decree dated 28.8.2002 passed by Additional Civil Judge (Junior Division) No. 2, Bikaner in Civil Original Case No. 75/1990 (485/2001). The trial court by its judgment and decree dated 28.8.2002 dismissed the suit preferred by the plaintiff appellants claiming a right of public way from the fields of the defendants. The trial court also reached at the conclusion that the plaintiffs failed to prove that any obstacles were made by the defendants in their use of way. The appellate court affirmed the findings given by the trial court.
(2.) IN this appeal it is contended by counsel for the plaintiff appellants that the trial court as well as the appellate court erred while not taking into consideration the order dated 1.10.1988 passed by the Gram Panchayat Bamblu establishing the fact that a way was available to the plaintiffs to reach at their fields from the file of Chuna Ram.On examination of the judgments impugned I do not find any merit in the argument advanced. Learned trial court thoroughly examined whatever evidence adduced by the plaintiffs including the fact about inspection of site by Panchas of Gram Panchayat Bamblu on 28.10.1988. The trial court after thorough consideration reached at the conclusion that the evidence adduced by the plaintiffs including the inspection made by the Gram Panchayat is not reliable. The trial court also found that as a matter of fact the order of the Gram Panchayat was not bearing signatures. In the circumstances aforesaid this appeal does not involve any substantial question of law that may warrant interference of this Court while exercising powers under Section 100 Code of Civil Procedure.
(3.) ACCORDINGLY , the appeal is dismissed.;