IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** RSA No.2770 of 2010 DATE OF DECISION: 29.11.2010 **** Balbir Singh and others . . . . Appellants Vs. Mandir Shri Dadu Dayal Ji and ohers . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.J.P. Sharma, Advocate for the appellants. **** RAKESH KUMAR JAIN J. The defendant No.1 is in second appeal against the judgment and decree of both the Courts below by which suit filed by the plaintiff for permanent injunction has been decreed. The case set up by the plaintiff is that the property in dispute belongs to temple comprising in Khewat No.1588 Khatoni No.2212 measuring 17 bighas 3 biswas and Khatoni No.2015 measuring 20 bighas. He prayed for restraining the defendants from raising any sort of construction in 15 feet ‘rasta’ comprising in Khasra No.7240/3574. In the written statement, it was alleged that there was a compromise entered into by the plaintiff with defendant No.1 pursuant to which 6 bighas 1 biswa land was given to defendant No.1. The plaintiff had also left one rasta of 15 feet in width in the compromise which leads from the land of defendant No.1. On appreciation of evidence, the Courts below have found that there exist passage having 15 feet width towards eastern side of Khasra No.7240/3574 shown in the site plan Ex.PW6/A which is being used by the parties jointly and neither the plaintiff nor the defendant had any right to raise any type of construction so as to cause any obstruction in the said passage. In the present appeal, besides narrating the facts, neither meaningful arguments has been raised by the learned counsel for the appellant nor any substantial question of law so as to challenge the finding of fact recorded by both the Courts below. Hence, I do not find any merit in the present appeal and as such the same is hereby dismissed. No costs. (RAKESH KUMAR JAIN) November 29, 2010 JUDGE Vivek