CSA – 483/2005 -Badri Lal Vs. Municipal Board, Chittorgarh & Anr. Judgment dt.12.11.08 1/2 S.B. CIVIL SECOND APPEAL NO.483/2005 Badri Lal Vs. Municipal Board, Chittorgarh & Anr. Date of order : 12th November, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Pradeep Choudhary for the petitioner. Mr. Usman Ghani for the respondents. --------- 1. Heard learned counsels. 2. By the concurrent findings the two courts below have held that after surrendering of the land of khasra No.836/2 measuring 11 biswas, the plaintiff-appellant was allotted only 653 yards of land in question for construction of his hotel building and the permission of the construction was granted by the Collector subject to leaving a setback of 10 ft. and the construction ought to have been 75 ft away from the center point of the road in question. 3. The Courts below have found on the basis of evidence that the plaintiff-appellant had not left setback of 10 ft. and raised construction of the hotel building on the full land of 653 sq. yards allotted to him for construction. The Courts below, therefore, have held that the plaintiff appellant was not entitled to any injunction against the Municipal Board which was constructing a public road on the land in question adjacent to the building of the plaintiff-appellant and the plaintiff-appellant had not left any setback of 10 feets. CSA – 483/2005 -Badri Lal Vs. Municipal Board, Chittorgarh & Anr. Judgment dt.12.11.08 2/2 4. Having perused the impugned orders and after hearing learned counsels for the parties, this Court is satisfied that no substantial question of law arises out of the order of the Courts below the courts below have addressed the relevant evidence and arrived at the said findings of fact. There is no misreading of evidence by the Courts below nor the findings arrived at by the courts below can be said to be perverse in any manner. 5. The present second appeal is found to be devoid of merit. The same is accordingly dismissed. No costs. [ DR. VINEET KOTHARI ], J. item No.23 babulal/-