1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : S.B. Civil Second Appeal No.7/2009. (Alim Khan & Others Vs. Yashin Khan & Others) DATE OF JUDGMENT : July 10, 2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ______________________________________ Mr. Sajjan Singh for the appellants. Mr. Javed Moyal for the respondents. BY THE COURT : Instant second appeal has been filed by the defendant-appellants challenging the judgment and decree dated 01.11.2007 passed by the Addl. District Judge, Deedwana in Civil Appeal No.14/2003, whereby, the learned first appellate Court dismissed the appeal filed by the appellants while affirming the judgment and decree dated 13.08.2003 passed by Civil Judge (Sr. Dn.), Deedwana in Civil Original Suit No.71/2001 (2/2001). A perusal of the entire record of this appeal reveals that the trial Court decreed the suit of the plaintiff on the basis of earlier compromise and decree dated 31.03.1999 passed in Suit No.63/97 by the Civil Judge, Deedwana and further passed decree for permanent injunction whereby 2 the respondents were restrained from interfering in the peaceful possession of plots No.1, 2 and 3 of the plaintiffs. It is also ordered that if during the course of trial any encroachment has been made, the plaintiffs will be entitled to remove the encroachment upon cost which shall be borne by the defendants. Against the said judgment and decree passed by the trial Court on 13.08.2003, appeal was preferred by the present appellants before the Addl. District Judge, Deedwana and that, too, was dismissed and finding arrived at by the trial Court was affirmed. No question of law emerges for consideration in this second appeal because in this case the dispute with regard to ancestral property is in question and, admittedly, earlier a compromise decree was passed and, on that basis, the trial Court decreed the suit for permanent injunction. In this view of the matter, no ground for interference under Section 100, C.P.C. is made out. This second appeal is, therefore, accordingly dismissed. (Gopal Krishan Vyas) J. Ojha, a.