S.B. CIVIL SECOND APPEAL NO.468/2006 Badrudden @ Bagdu Khan & Ors. Vs. Ranjeet Singh & Ors. Date of order : 04th August, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. B.S. Mertia for Mr. Dilip Singh for the appellant. --------- 1. Heard learned counsel. 2. This second appeal arises out of the order of the first appellate court dt.25.7.2005 dismissing the appeal of the appellant- defendants in suit for mandatory injunction filed by the plaintiff Ranjeet Singh and others. By a concurrent finding, both the courts below have directed the appellants to remove their encroachment from the suit premises i.e. public chowk and way. 3. The learned counsel for the appellants drew attention of the Court toward Exhibit D/1, a decision of appeal filed by the defendant-appellant Hussain Khan before the Panchayat Samiti A bare perusal of said order also reveals that the Panchayat Samiti arrived at a finding that the defendant-appellants have encroached over the said land though the said encroachment appears to be for quite some time and they had imposed a fine of Rs.11/- for the appellant-defendant not having removed their encroachment despite direction of the Panchayat Samiti. 4. Both the courts below have concurrently found that the appellant-defendants have encroached over the said public land in question of public chowk and way and, therefore, the said encroachment was required to be removed. 5. Having heard learned counsels and upon perusal of the record, this Court finds no substantial question of law to be arising in the present case. 6. The appeal is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.15 babulal/-