1 S.B. Civil Second Appeal No. 65/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT S. B. Civil Second Appeal No. 65/2010 Bihari Lal & Others Versus Vimal Devi & Another. Date of Judgment: 27.10.2010 Hon'ble Mr. Narendra Kumar Jain,J. Mr. R.P. Garg, for the appellants. Mr. Sanjay Srivastava, for the respondents. BY THE COURT:- Heard learned counsel for the parties. 2. This is plaintiffs' second appeal in a suit for permanent and mandatory injunction, which has been dismissed by both the courts below. 3. Submission of learned counsel for the appellants is that a piece of public way was allotted by Gram Panchayat in favour of defendants and the same was challenged by the appellants before the Additional Collector, who remanded the matter back to Gram Panchayat and the matter is still subjudiced before Gram Panchayat. He further contended that both courts below have made some observations with regard to the disputed land, which can affect his case, which is pending before Gram 2 S.B. Civil Second Appeal No. 65/2010 Panchayat, therefore, it may be clarified that whatever observations have been made by both the courts below will not come in the way of the Gram Panchayat while deciding the dispute in between the parties. 4. Learned counsel for the respondents contended that land in dispute was not belonging to public way and a patta was rightly issued in favour of the respondents. However, the matter is still pending before Gram Panchayat. He further contended that both the courts below have rightly dismissed the suit of the plaintiff and this is not a fit case for interference by this Court. 5. I have considered the submissions of learned for the parties. 6. It is settled law that concurrent findings of facts recorded by both the courts below should not be interferred with by this Court in second appeal under Section 100 CPC, however, it is an admitted position that litigation with regard to the disputed piece of land is pending before Gram Panchayat, then it is necessary to clarify that whatever observations/findings have been recorded by both the courts below should not come in the way of Gram Panchayat while deciding the controversy pending before it. 3 S.B. Civil Second Appeal No. 65/2010 7. In these circumstances, I direct that Gram Panchayat will decide the litigation pending between the parties independently in accordance with law without being influenced in any manner by any finding/observation recorded by both the courts below. 8. With the aforesaid observations, the second appeal is dismissed with no order as to costs. (Narendra Kumar Jain),J. Manoj, Item No.101.