ASGAR KHAN Vs. SARDAR BANO
LAWS(RAJ)-2012-7-190
HIGH COURT OF RAJASTHAN
Decided on July 16,2012

ASGAR KHAN Appellant
VERSUS
SARDAR BANO Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) THIS second appeal of the appellant-defendant is directed against the judgment and decree dated 28.07.2007 in appeal No.17/2005 � Asgar Khan vs. Smt. Sardar Bano & ors. passed by learned Additional District Judge, Parbatsatr, whereby he dismissed the first appeal and upheld the judgment and decree of permanent injunction dated 03.03.2005 passed by the learned Civil Judge (J.D.), Kuchaman City in Civil Original Suit No.61/1992 � Smt. Sardar Bano vs. Asgar Khan & ors. seeking permanent injunction and cancellation of regularisation of Sanad. Both the courts below by concurrent findings have decreed the suit for injunction of the plaintiffs � respondents and have found that the Sanad issued in favour of the defendant on 13.02.1986 on the public way of 5ft. was not legally valid and, therefore, the plaintiffs had a right of mandatory injunction to pass through that way.
(3.) HAVING heard learned counsel and upon perusal of the reasons given in the impugned orders, this Court is satisfied that the findings of fact are based on relevant material and evidence and not being perverse, do not give rise to any substantial question of law so as to require further consideration by this Court under Section 100 CPC.;


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