S.B. CIVIL SECOND APPEAL NO.124/2006 Moti Lal Vs. Khemchand & Ors. Date of order : 07th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.K. Thanvi for the appellant. --------- 1. Heard learned counsel. 2. This appeal arises out of the order of the first appellate Court dated 23.9.2005 whereby affirming the order of trial court dated 30.1.1997 both the courts below concurrently rejected the suit for injunction filed by the plaintiff-appellant seeking to restrain the defendant from opening windows in the chowk. Both the courts below have found that the chowk in question was common for both plaintiff as well as defendant and, therefore, the plaintiff could not be granted such injunction as prayed for. 3. Having heard learned counsel, this Court is of the opinion that both the courts below on the basis of evidence before them have concurrently given the finding of fact that since the chowk in question was common to both the parties, therefore, no such injunction is granted. 4. In the opinion of this Court, no substantial question of law arises requiring determination under Section 100 C.P.C. 5. The second appeal is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.11 babulal/-