IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.164 of 2008 1. Surajmani Devi wife of Bindeshwar Prasad 2. Kamla Prasad 3. Bishwanath Prasad 4. Naresh Prasad All sons of late Nand Kumar Ram 5. Raghunath Prasad 6. Kangan Prasad sons of late Devi Ram 7. Ram Prevesh Singh @ Ram Pravesh Prasad 8. Pradeep Kumar Singh Both sons of late Ram Bilas Ram 9. Smt. Bhumani Devi widow of Late Ram Bilas Ram 10. Tiroo Kumar 11. Manoj Kumar Both sons of late Buttan Ram 12. Smt.Sheoraj Devi widow of late Buttan Ram All residents of village Tandwa, P.S. Tandwa, District Aurangabad. ……Defendants-Appellants-Appellants. Versus Narayan Prasad Gupta son of late Ramchandra Sao resident of village Tandwa, P.S. Tandwa (Old Nabi Nagar), District Aurangabad.………………..Plaintiff-Respondent-Respondent. For the appellants : Mr. Shashi Shekhar Dvivedi, Sr. Advocate with M/s Amarnath Jha, Kedar Yadav and Sanjay Kr.Singh, Advocates. For the respondent : None. ----------- 07/ 01.12.2009 Heard learned counsel for the appellants. 2. This second appeal has been filed by defendants- appellants-appellants challenging judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit No.213 of 1993 (63/2001) which was filed by the sole plaintiff-respondent- respondent for declaration that the defendants had no right to encroach upon plot no.538 which belonged to the plaintiff and to open the door towards the said land and that the plaintiff had every 2 right to get the encroachment removed and to get the door closed. The said suit was decreed on contest by the learned Additional Munsif-IV, Aurangabad vide his judgment and decree dated 19.06.2006. 4. Against the aforesaid judgment and decree of the trial court the defendants filed Title Appeal No.50 of 2006 (10/2007) which was dismissed on contest by the learned Additional District Judge-cum-Fast Track Court No.III, Aurangabad, vide his judgment and decree dated 15.03.2008. The said judgments and decree of the learned courts below are under challenge in the instant second appeal. 5. Although Mr. S.S. Dvevedi, learned Senior Counsel for the appellants vehemently argued against the said judgments and decree of the learned courts below, but it is quite apparent that both the learned courts below considered the matter, including the pleadings and evidence of the parties as well as the provisions of law applicable to the case, whereafter they came to the specific conclusion that plot no.538 measuring 8 decimals belonged to the plaintiff on which his possession had been proved since the date of his purchase and the defendants had no right to encroach the said land or any part thereof and to construct any wall and open their door on it and also that the plaintiff was fully entitled to get the said encroachment removed. 6. Learned counsel for the appellants submits that the said findings have been arrived at by the learned courts below due 3 to non-critical approach to the pleadings and evidence of the parties, but from the said judgments it is quite apparent that the learned courts below have considered the pleadings and evidence of the parties properly and only thereafter they have come to the said concurrent findings. 7. In the aforesaid facts and circumstances, this court does not find any illegality in the impugned judgments and decree of the learned courts below, nor does it find any substantial question of law involved in the instant second appeal, which is accordingly, dismissed at this stage of hearing under Order XLI Rule 11of the Code of Civil Procedure. harish/ ( S. N. Hussain, J. )