- (1.) This second appeal is arising out of the judgment and decree dated 12.05.2008 passed by the learned Additional District Judge No.1, Jodhpur in Civil Appeal No.1/2008 "Virdi Chand Bohra S/o Asu Lal Bohra Vs. K.P. Sharma S/o Puran Mal Sharma & Ors." who dismissed the appeal filed by the present appellant-plaintiff and affirmed the judgment and decree dated 29.05.2006 passed by the learned Civil Judge (Junior Division) No.2, Jodhpur in Civil Original Suit No. 328/1999 "K.P. Sharma Vs. Urban Improvement Trust & Ors." and Civil Original Suit No. Virdi Chand Bohra Vs. K.P. Sharma & Ors." by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff-Virdi Chand Bohra seeking demolition of the illegal construction raised by the defendant-K.P. Sharma in the set back area of the house in question was dismissed, and the cross-suit filed by the defendant-K.P. Sharma seeking permanent injunction for not removing the questioned construction was decreed in his favour.
(2.) The present second appeal has been filed by the appellant-plaintiff-Virdi Chand Bohra aggrieved by the concurrent rejection of his suit by the Courts below, while decreeing the cross-suit filed by the defendant-respondent-K.P. Sharma, a retired Professor of the Jodhpur University.
(3.) Having heard the learned counsels for the parties, the following substantial question of law is framed for consideration by this Court in the present second appeal and the second appeal itself is being disposed of by this order with the consent of the learned counsels for the parties. "Whether the Courts below were justified in dismissing the suit for injunction filed by the plaintiff Virdi Chand Bohra, while decreeing the cross-suit filed by the defendant-K.P. Sharma in view of admitted illegal construction of a garage and room with porch in the set back area and then, getting the same compounded by the authorities of the Municipal Corporation?";