CSA- 98/09 -Bhakar Singh & Ors. Vs. Public Village Nimbla & Ors. Judgment dt.2.4.09 1/3 S.B. CIVIL SECODN APPEAL NO.98/2009 Bhakar Singh & Ors. Vs. Public Village Nimbla & Ors. Date of order : 2nd April, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Rohitas Singh for the appellant. ----- 1. Having heard learned counsel, this Court finds no substantial question of law to be arising in the present second appeal. 2. The learned trial court by its judgment and decree dated 10.2.2009 allowed the representative suit filed by the villagers of village Nimbla holding that the gate opened in the Government School established in the said village was the only appropriate gate and the other gate opened was neither appropriate nor necessary, as in the front of the said another gate, certain unsocial elements were always available and assembled there and, therefore, the students of said school as well as female teachers faced the difficulties. 3. The learned counsel representing other set of villagers submits that the said second gate was opened under the resolution of the Gram Panchayat and the same opens on the National high way and therefore, the learned trial court has erred in decreeing the suit directing the closure of the said second gate which was for the CSA- 98/09 -Bhakar Singh & Ors. Vs. Public Village Nimbla & Ors. Judgment dt.2.4.09 2/3 convenience of the students and since the defendants namely Gram Panchayat and other government authorities did not properly contest the said suit, therefore, a substantial question of law arises in the matter and the present appellants should be given a say in the matter and the first appellate court has also erred in affirming the decree passed by the learned trial court. 4. Having heard learned counsel, this Court does not find any force in the submissions made at the Bar. The learned trial court after weighing the evidence which came before the Court has found as a matter of fact that the second gate where such unsocial elements assembled usually was not necessary and one gate for the said school was enough. The first appellate court has also rightly affirmed the said decree. This Court finds no substantial questions of law to be arising in the matter against such concurrent judgments of two courts below. 5. The second appeal is found to be devoid of merit. The same is accordingly dismissed. Copy of this order be sent to the respondents. [ DR. VINEET KOTHARI ], J. itemNo.s/3 babulal CSA- 98/09 -Bhakar Singh & Ors. Vs. Public Village Nimbla & Ors. Judgment dt.2.4.09 3/3