S.B.CIVIL SECOND APPEAL NO.440/2006 (Pushkar Dutt & Ors. vs. Smt. Munni Devi) DATE OF JUDGMENT : 9/9/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.T.C.Sharma, for the appellant. This second appeal has been filed by defendants against the concurrent judgments of two courts below and decree in favour of respondent plaintiff in a suit for injunction filed by plaintiff and the courts below have directed that defendants may remove bathroom, latrine & `chhabutri' made by the defendant on the public way along side the house of defendant opposite to which the entrance gate of plaintiff respondent also opened up. The courts below on appreciation of relevant evidence have found that the plaintiff was entitled to said mandatory injunction against the defendants as the defendants could not establish that the construction of bathroom, latrine and `chhabutri' in question was old. The Commissioner's report dated 26/5/1999 just two days after the suit filed on 24/5/99 was not proved by producing the Commissioner before the learned trial court. Having heard learned counsel and upon perusal of impugned orders, this Court is of the considered opinion that no substantial question of law arises in this second appeal requiring any interference with the concurrent findings of two courts below in the injunction suit. The second appeal is, therefore, found to be devoid of merit and same is accordingly dismissed. Copy of this order be sent to respondent-plaintiff. (DR.VINEET KOTHARI), J. item no.2/ baweja