Vineet Kothari, J. - (1.) Having lost before the two learned Courts below, the present second appeal under Section 100 CPC has been filed by the appellant-defendant-Municipal Board, Rajsamand, in a suit for permanent and mandatory injunction, against the impugned judgment and decree dated 03.12.2015 passed by the learned Appellate Court of Additional District Judge, Rajsamand in Civil Appeal No. 27/2013 "Nagar Palika, Rajsamand v. Pradeep Kumar Paliwal ", by which, the learned First Appellate Court had dismissed the appeal of the defendant-Municipal Board, Rajsamand and affirmed the judgment and decree dated 29.08.2013 passed by the learned Trial Court of Additional Civil Judge (Senior Division), Rajsamand in Civil Original Suit No. 06/2007 "Pradeep Kumar Paliwal v. Nagar Palika, Rajsamand " by which, the learned Trial Court had decreed the suit of the plaintiff-Pradeep Kumar Paliwal and restrained the present appellant-Municipal Board, Rajsamand not to interfere with the peaceful possession of the plot of land in question situated at Jal Chakki, Kankroli owned by the plaintiff.
(2.) The relevant extract of the findings of the learned Trial Court in the impugned judgment dated 29.08.2013 are quoted below for ready reference:- ...[VERNACULAR TEXT OMITTED]...
(3.) Being aggrieved by the judgment and decree dated 29.08.2013 of the learned Trial Court, the defendant-Municipal Board, Rajsamand filed the first appeal before the First Appellate Court of the learned Additional District Judge, Rajsamand, namely, Civil Appeal No. 27/2013 "Nagar Palika, Rajsamand v. Pradeep Kumar Paliwal " which came to be dismissed on 03.12.2015 .;