CSA 744/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil 2nd Appeal No.744/2007 Nagar Parishad, Tonk Versus Bajranglal Bairwa Date of Order ::: 29/01/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Ravindra Pal Singh, for appellant (defendant) Instant second appeal has been filed by defendant assailing judgment & decree dt. 10/05/07 whereby Addl. District Judge (Fast track) No.4, Tonk while dismissing his appeal {47/07(67/04)} affirmed judgment & decree dt. 15/07/04 passed by Civil Judge (Jr.Dn), Tonk who partly decreed plaintiff's suit (7/2001). Plaintiff (respondent) filed suit for permanent injunction for restraining defendants from interfering with his possession over constructed house and “Bara” attached thereto, which has specifically shown in yellow & red colour in the map annexed with the plaint. Learned trial Judge in all framed 5 issues. Issue No.1 was relevant for consideration and after taking note of material on record, trial Judge recorded a finding that house shown in yellow colour in the map attached to the plaint was purchased from Abdul Sami through CSA 744/07 //2// registered deed and since there was no other document on record, no inference can be drawn that the alleged “Bara” attached the house was purchased by plaintiff; as such his suit was partly decreed and defendant was restrained in respect of house in dispute shown in yellow colour as ABCD” in the map attached to the plaint – against which appellant (defendant) preferred appeal which too was dismissed while upholding decree granted by learned trial Judge vide judgment dt.10/05/07. This Court has heard learned counsel for the appellant and with his assistance, perused the impugned judgments passed by courts below. This court does not find any substance in any of submissions made (supra), which are nothing but re-appreciation of the evidence. The concurrent finding recorded by courts below are duly supported by due appreciation of facts and law based on material on record. No substantial questions of law arise in this second appeal, which may warrant interference. Consequently, the appeal fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/744CSA07.doc.