1 S.B.Civil Second Appeal No.427/2006. Bhanwarlal. vs. Mst. Aji. Date : 4.4.2007 HON'BLE MR. PRAKASH TATIA, J. Mr. DK Sharma, for the appellant. - - - - - Heard learned counsel for the appellant. The plaintiff/appellant filed the suit for injunction against the defendant. The defendant did not appear. The trial court after taking note of the fact that the alleged sale deed of the plaintiff was for sale of the immovable property having valuation more than Rs.1,000/- has not been registered and, therefore, the plaintiff failed to prove himself as owner of the property. Apart from it, the trial court also held that the plaintiff's case is not that he acquired easementary right. The plaintiffalso failed to prove existence of way despite ex-parte proceedings against the defendant. The first appellate court upheld the judgment and 2 decree of the trial court. In view of the above, even if the plaintiff could have claimed his right over way, he has not proved the way. Therefore, the courts below have not committed any illegality so as to warrant interference in second appeal. In view of the above, I do not find any substantial question of law involved in this appeal. Consequently, this second appeal, having no merit, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya