CSA 213/05 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil 2nd Appeal No.213/2005 Ganpat Singh Versus Tehsildar Nadoti & (2) Ors. Date of Order ::: 29/01/08 Hon'ble Mr. Justice Ajay Rastogi Ms Gayatri Rathore, for appellant (plaintiff) Mr. S.N.Gupta, Dy. Govt. Adv., for respondent-State Instant second appeal has been filed by plaintiff assailing judgment & decree dt. 17/03/05 whereby Addl. District Judge Hindaun City while dismissing his appeal (28/2003) affirmed judgment & decree dt.09/07/03 passed by Civil Judge (Jr.Dn), Shrimahavirji who dismissed plaintiff's suit (52/2001/(56/92). Plaintiff (appellant) filed suit for permanent injunction for restraining defendants from interfering with peaceful possession of temporary structure “Gatta” 8x9 in Khasra No.1741 which was allegedly “Bara”.Learned trial Judge in all framed 5 issues and issue No.1 was relevant for consideration and after taking note of material on record, recorded a finding that Khasra Nos.1741 & 1743 are specifically recorded in the name of Education department and the plaintiff failed to show as to in which Khasra CSA 213/05 //2// number, he is holding “Bara”, allegedly in his possession. As regards allocation and possession over suit land, learned trial Judge in para 13 & 14 of judgment impugned considered the evidence on record and finally held that Khasra No.1741 & 1743 were never in possession of plaintiff – as a consequence whereof, question seeking permanent injunction does not arise; and which was affirmed by appellate court, as well while rejecting appeal of plaintiff. This Court has heard learned counsel for the parties and with their assistance, perused the impugned judgments passed by courts below. This court does not find any substance in any of submissions made (supra) which are nothing but re-appreciation of evidence and concurrent finding has been recorded by courts below after due appreciation of facts and law based on material on record. No substantial questions of law arise in this second appeal, which may warrant interference. Consequently, the appeal fails and is hereby dismissed alongwith stay petition. (Ajay Rastogi), J. K.Khatri/p.2/213CSA05.doc.