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.114/2009. (Khaniya Lal & Another Vs. Fool Chand & Another) DATE OF JUDGMENT : July 15th, 2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS ______________________________________ Mr. P. Nayak for the appellant. Instant second appeal was filed on 10.10.2006 by the appellant against the judgment and decree passed by the Addl. District Judge, Banswara dated 14.07.2006 in Civil Appeal No.11/04, whereby, the lower appellate Court affirmed the judgment and decree dated 13.12.2002 passed by the Civil Judge (Jr. Dn.), Ghari (Banswara). Appellant-plaintiffs preferred suit for permanent injunction before the trial Court, in which, counter-claim was filed by defendant No.1 and in the suit controversy was with regard to public way. Learned trial Court after recording evidence gave issue-wise finding and dismissed the suit as well as counter-claim filed by defendant No.1 on 13.12.2002. Against said judgment and decree, appeal was preferred by the present appellants and that, too, was 2 dismissed by the learned Addl. District Judge, Banswara on 14.07.2006 while affirming the judgment and decree passed by the trial Court. The main issue in this case is with regard to public way and it has been held by the trial Court as well as appellate Court that both plaintiff and defendant are not having any right over the public way and if they have any right, then, they can approach the Gram Panchayat concerned, but no decree can be passed in favour of either of the parties. I have perused both the impugned judgments passed by the Courts below. I see no reason to interfere in the concurrent finding of fact arrived at by both the Courts below. Hence, this second appeal is dismissed. (Gopal Krishan Vyas) J. Ojha, a.