IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Second Appeal No. 27 of 2008 1. Sunder Lal S/o Sri Gyan Chand 2. Gagan Kumar S/o Sri Sunder Lal Both R/o Village Azadnagar, Kashtkaar, Village Sirauli Kalan Va Dopaharia, Tehsil Kichha, District U.S. Nagar. ...…………. Defendants/ Appellants Versus Smt. Dayarani W/o Sri Jogendra Lal R/o Gularbhoj Road, Gadarpur, Tehsil Gadarpur, Distt. U.S. Nagar. ...…………. Plaintiff / Respondent Mr. Lalit Belwal, Advocate for the defendants / appellants. Mr. S.C. Dumka, Advocate holding brief of Mr. Vijay Bhatt, Advocate for the plaintiff / respondent. Hon’ble Prafulla C. Pant, J. [ Heard learned counsel for the appellants / defendants and perused the impugned judgment and decree dated 25.08.2007, passed by the learned District Judge, Udham Singh Nagar, in Civil Appeal No. 99 of 2005, whereby said Court has dismissed the appeal confirming the judgment and decree dated 20th October 2005, passed by the trial court (Civil Jude (Jr. Division) Udham Singh Nagar), in Suit No. 75 of 2004. 2) Perusal of the impugned judgments and decrees passed by the courts below show that there is concurrent finding of fact that the plaintiff / respondent is a recorded tenure holder and is in possession over the land in suit of Gatta No. 80-AM, measuring 0.5445 hectares, situated in Village Azadnagar. The impugned orders show that the evidence adduced by the parties was discussed before arriving to the conclusion, and decree of prohibitory injunction passed. The counter claim made by the defendant was found not true. 3) Having heard learned counsel for the appellants / defendants and after going through the impugned judgments and decrees passed by the courts below, since no substantial question of law is involved in this appeal, the appeal is liable to be dismissed. 4) The second appeal is dismissed summarily. (Stay Application No. Nil of 2009 also stands dismissed). (Prafulla C. Pant, J.) Dt. April 08, 2009. H. Negi