1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : D.B. CIVIL SPECIAL APPEAL NO.60/2000 (Phoolwati Vs. Babu Lal) Date of Judgment : 15.03.2010 P R E S E N T HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS None for the appellant. Mr. Narendra Singh, for the respondent. On last date of hearing, notice was issued to the petitioner because nobody appeared on behalf of the appellant. Today, it is reported by the Office that the notice issued to the appellants has been served. However, no one is present on behalf of the appellants. This special appeal has been filed under Section 18 of the Raj. High Court Ordinance against the judgment dated 23.10.2000 passed by learned Single Judge in SB Civil First Appeal No.157/99 by which the learned Single Judge dismissed the appeal filed by the appellant and upheld the order passed by 2 learned trial Court granting possession. It is stated at Bar by learned counsel for the respondent that in pursuance of the judgment passed by learned trial Court and upheld by learned Single Judge, the possession has already been taken by the respondent in the execution proceedings and he is in possession of the property in question. In this view of the matter, we have perused the judgment passed by learned trial Court and learned Single Judge in appeal, we are of the opinion that the concurrent finding arrived at by learned trial Court which is upheld by learned Single Judge does not require any interference. Hence, this special appeal is dismissed. (GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun