.s.ww^ /• HIGH COURT OF CHHATTISGARH AT BILASPUR Single Bench : Hon'ble Shri Dilip Raosaheb Deshmukh, J- Second Appeal No.18 of 2008 Appellant Defendant Dukalaha Ram Sahu, aged about 57 years, son of Late Shri Bahorik Sahu, resident ofVillage Tarenga, P.H.No.1, Tahsil Bhathapara, District Raipur (C.G.) versus Respondent Blaintiff Tikaram Sahu, aged about 35 years, son of Late Shri Udal Prasad Sahu, resident of Village Tarenga, P.H.No.1, Tahsil Bhathapara, District Raipur (C.G.) SecondAppeal under Section 100 ofthe Code of Civil Procedure, 1908 Present : Shri Prakash Mishra, counsei for the appellant. ORAL ORDER (Passed on 14th ofJanuary, 2008) Heard on admission. (2) The appellant/defendant is aggrieved by the judgment and decree dated 04-10-2007 passed in Civil Appeal No.12-A/2007 by the Additional District Judge, Bhatapara, District Raipur affirming the judgment and decree dated 28-04-2007 passed in Civil Suit No.105-A/2006 by the Civil Judge Class-11, Bhatapara. (3) The appellant/defendant resisted the suit for permanent injunction filed by the respondent/plaintiff on the ground that he had a right of easement over the suit property. However, both the Courts below have on pU^ appreciation of evidence negatived the said figN and held that the respondent/plaintiff being in possession of the suit land was entitled to a permanent injunction against the appellant/defendant. The finding recorded by both the Courts below is purely a finding of fact. No -2-- substantial question of law arises for determination ofthis appeal, which is accordingly dismissed at the stage of admission. (4) Consequently, I.A.No.1, an application for grant of stay, stands disposed of. Sd/- Dilip Raosaheb Deshmukh Judge Gopal