SBCSA NO.219/2008– VARDI SHANKAR V/S LRS OF LATE SH. PRATAP RAI AND ORS. . : JUDGMENT DATED 8.9.2008 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL SECOND APPEAL NO.219/2008 Vardi Shanker versus LRs. of late Sh. Pratap Rai and ors. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr.Nikhil Dungawat on behalf of Mr.P.S.Bhati, for the appellant DATE OF ORDER : 8th September, 2008. JUDGMENT 1. Heard the learned counsels for the appellant. 2. This second appeal arises against the concurrent findings of two courts below whereby the Courts below havefoundthat the defendants have encroached upon the public way marked as ' A-B-C, C & E, E-F-G, and H-I-J-K and therefore, the Courts below have injuncted that the patta granted for the said land in question being patta No.8 dated 18.7.1985 by the Gram Panchayat was illegal and no SBCSA NO.219/2008– VARDI SHANKAR V/S LRS OF LATE SH. PRATAP RAI AND ORS. . : JUDGMENT DATED 8.9.2008 2/2 patta could be granted for the public way and by encroaching upon the land in question , the defendants have reduced the width of the road from 33½ ft. to 28½ ft. and therefore, the Courts below have directed removal of encroachment by mandatory injunction and decreed the suit of the plaintiff. 3. Having heard the learned counsel, this Courts finds that no substantial question of law arises in this appeal for determination by this Court. The appeal is found to be devoid of merit and the same is accordingly dismissed. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.13 Ss/-