1 D.B. CIVIL SPECIAL APPEAL NO.621/2006 Prem Shankar & Ors. Vs. Nagar Palika & Ors. Date of Order :: 10-11-2006 HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Shri Ashok Kumar Jain, for the appellants. This special appeal is directed against the order of the learned Single Judge dated 25.7.2006 rejecting the application for stay. The writ petition has arisen from orders of the Civil Judge, Begu and the Additional District Judge, Chittorgarh in injunction matter. Both the courts concurrently held that the appellant had created obstruction in the use of the land by defendant-respondent. The learned Single Judge observed that both the courts below having found that there was a provision in the open courtyard facilitating use of the land by the respondent, the appellant cannot be permitted to obstruct the use on the pretext of water tanks and iron planks. We are of the view that the dispute is concluded by concurrent findings of fact and therefore, the learned Single Judge did not commit 2 any error in rejecting the application of stay. While dismissing this appeal, we would observe that the observation of this Court will not cause prejudice to the appellant at the stage of trial of the suit. [MOHAMMAD RAFIQ],J. [S.N.JHA],CJ. Praveen