1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : The Municipal Board, Sojat City Vs. Laxmi Narayan & Others (S.B. Civil Second Appeal No.177/2009) DATE OF JUDGMENT : November 10, 2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS __________________________________________ Mr. Suresh Shrimali for the appellant. BY THE COURT : In the instant second appeal, the appellant Municipal Board, Sojat City, through its Executive Officer, is challenging the judgment and decree dated 31.03.2009 passed by Addl. District Judge, Sojat City (District Pali) in Civil Appeal No.1/2008, whereby, first appellate Court dismissed the appeal filed by the defendant-appellant and affirmed the judgment and decree dated 30.05.2007 passed by Civil Judge (Sr. Dn.), Sojat in Civil Suit No.32/2001 (32/96), by which, suit for permanent injunction filed by respondent-plaintiff was partly decreed. Learned counsel for the appellant raised the ground 2 that both the Courts below committed error while giving the finding that respondent-plaintiff was in possession of the disputed land and has failed to appreciate the evidence on record, therefore, the finding arrived at by both the Courts below is perverse and contrary to evidence on record. I have perused both the impugned judgments. Learned trial Court while decreeing the suit in part passed order that appellant Municipal Board shall not dispossess the plaintiff without due process of law. In my opinion, no error has been committed by both the Courts below because the finding with regard to part possession of the plaintiff-respondents is based upon cogent evidence, upon which, the suit was decreed and finding with regard to part possession of the defendant-respondent was given. After considering both the judgments of learned civil Courts below, I do not find any substantial question of law in this second appeal which requires consideration. Hence, there is no force in this second appeal and the same is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.