- (1.) HEARD learned counsels for the parties.
(2.) BY the instant second appeal, the appellant-plaintiff has called in question the judgment and decree dated 10.08.2011 passed by learned District and Sessions Judge, Merta in Appeal No.24/2007- Karan Singh Vs. Municipal Board, through Chairman, Municipal Board, Merta & Anr. whereby the learned lower appellate court has dismissed the appeal and affirmed the judgment and decree dated 05.11.2007 passed by learned Civil Judge (Sr. Division), Merta in Civil Original Suit No.235/2000 (74/2000)- Karan Singh Vs. Municipal Board, through Chairman, Municipal Board, Merta & Anr., whereby the suit filed by the plaintiff-appellant for permanent injunction against the respondents-defendants, has been dismissed. Learned counsel for the appellant-plaintiff, Mr. S.D. Vyas, submits that the plaintiff may be given liberty to file application before the Municipal Board for regularization of his possession, however, this contention has been refuted by the learned counsel appearing on behalf of Municipal Board, Merta. He submitted that in a public auction held in the month of December, 2011, the suit property has already been auctioned and lease-deed has also been executed in favour of one Smt. Mamta Kanwar W/o Girdhari Singh. Having heard learned counsels for the parties, and upon careful perusal of the reasons given in the judgments and decree of the courts below, this Court does not find any substantial questions of law to be arising in the second appeal filed by the plaintiff-appellant as both the courts below have concurrently refused to grant permanent injunction in favour of appellant-plaintiff while properly appreciating the evidence led by the parties. Accordingly, the present second appeal is dismissed, however, the appellant-plaintiff will be at liberty to approach the municipal authorities, who may consider the representation of the plaintiff-appellant, if any filed.;