Regular Second Appeal No. 973 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No. 973 of 2009 Date of Decision: 3.3.2009 *** Hans Raj .. Appellant VS. Punnu .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Sanjay Verma, Advocate for the appellant. *** ARVIND KUMAR, J. This is plaintiff's appeal filed under Section 100 of the Code of Civil Procedure challenging the concurrent findings recorded by the Courts below to the effect that he is not entitled to the relief of permanent injunction against the defendant-respondent. Having heard the learned counsel, I am of the considered view that no question of law warranting admission of appeal would arise. There is no dispute to the fact that the passage in question is common of the parties, who are co-sharers. It has come on record that in partition the defendant did not receive any tube-well for irrigating his fields and has to take water from adjoining tube-wells. Thus, it has concurrently been held by the Courts below that for irrigating his fields the defendant-respondent only wants to lay underground pipe lines beneath the common passage of the parties, which, in no way either prevented the plaintiff from its use or the action of the defendant is prejudicial or detriment to the rights of the plaintiff, in any manner and by laying the pipelines under the ground, the nature or user of the passage will not be changed. The findings are based on cogent evidence, oral as well as documentary, and it cannot be concluded that the findings are laconic or they lack the support of evidence. Therefore, the appeal does not Regular Second Appeal No. 973 of 2009 2 deserve to be admitted being devoid of merit. Accordingly, the same is dismissed in limine. (ARVIND KUMAR) JUDGE March 3,2009 Jiten