CSA 411/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil 2nd Appeal No.411/2007 Nahar Singh & (3) Ors. Versus Sooghad Singh & (6) Ors. Date of Order ::: 23/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. JP Goyal, for appellants (plaintiffs) Instant second appeal has been filed by plaintiffs assailing judgment & decree dt. 03/04/07 whereby Addl. District Judge (Fast Track) No.1, Bharatpur affirmed judgment & decree dt.04/10/06 passed by Civil Judge (Jr.Dn) Nadbai (Bharatpur) who dismissed civil suit No.92/03. Plaintiffs (appellant) filed suit for permanent perpetual & mandatory injunction for restraining defendants from transferring suit land to Educational Institution and raising any construction over it. In all, six issues were framed for adjudication by learned trial Judge. Issue No.1 was relevant, on which fate of suit, itself, hinges and where trial Court has to examine as to whether Khasra No.1788 of village Aroda can be included within the boundary of Khasra No.1815 and no construction thereon can be raised. On the basis of material on record, CSA 411/07 //2// learned trial Judge recorded finding of fact that Khasra No.1788 is disputed one and over-lapping being attached to Khasra No.1815 and that apart, total 8 bighas & 13 biswas are shown as pasture land in revenue record (Ex.1), out of which 3 bighas & 1 biswas have been allotted to Government Educational Institution and 12 biswas is still shown to have been pasture land in revenue record; and moreover, such an allotment has been approved by the Collector. Since land in dispute is shown as pasture land in revenue record, Gram Panchayat is competent to make allotment to the Educational Institution under Rules, therefore, learned trial Judge finally observed that no right has conferred in favour of plaintiffs for restraining defendants from entering or raising construction over khasra No.1788 and so also for its inclusion in Khasra No.1815, as part of land; and such a finding of fact has been affirmed by appellate court, as well. This Court has heard learned counsel for the parties and with their assistance, perused the impugned judgments passed by courts below. All the submissions made by Counsel for appellants require re-appreciation of evidence CSA 411/07 //3// and the findings recorded are duly supported by cogent material on record based on proper appreciation of facts and law. No substantial questions of law arise in this second appeal, which may warrant interference. Consequently, the appeal fails and is hereby dismissed. The records be returned back to the courts below forthwith. (Ajay Rastogi), J. K.Khatri/p.3/411CSA07.doc.