1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL NO.73 OF 2011 Shri Jammanlal s/o Tonda Gangotri and another Versus Nagpur Improvement Trust and another _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Shri G.G. Bade, Advocate for the appellants. CORAM : R.M.SAVANT, J. DATED : 18.02.2011. The appeal takes exception to the judgment and decree dated 27th July, 2010 passed in Regular Civil Appeal No.90/93, by which the judgment and decree of dismissal of the suit by the Trial Court has been confirmed. The appellants are the original plaintiffs who had filed the suit for declaration, permanent injunction against the defendants. Defendant No.1 is the Nagpur Improvement Trust, whereas defendant No.2 is the allottee of a plot of land shown in the plaint map by letters A,B,C.D. 2. The plaintiffs in the Regular Civil Suit NO.1501/96 had claimed the cancellation of the allotment made to defendant No.2 and an injunction for restraining defendant No.2 from making any sort of construction upon 2 the suit land. The plaintiffs had also prayed that they should be allotted the land in question. Both the Courts below have concurrently held that in between the land of the plaintiffs and the land which is the subject matter of allotment to defendant No.2, there is a Nazul lane and therefore, the plaintiffs were not the appurtenant land holders who were entitled for allotment of land under the policy of the Nagpur Improvement Trust. The said findings of fact have been recorded by the Courts below on the basis of oral and documentary evidence on record. In the teeth of the said findings of fact no substantial question of law arises in the above Second Appeal which is accordingly dismissed. 3. In view of the dismissal of the above Second Appeal, the Civil Application No.92/2011 does not survive and disposed of as such. JUDGE pma