>^^.^- ^.^* T^"XK^ .w:'^^ ^••^""''." A^'"'' ^'••r^^ .^ '< c, f. ^-^ w IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR SECOND APPEAL N0. OE2009 APPELLANT/ PLAINTIFF Kanhaiyalal S/o Shri Motiram, aged about 60 years Caste - Teli, R/o Village Kona Near Village Khatti Tehsil and District Mahasamund, Chhattisgarh VERSUS RESPONDENT/ Vishnu S/o Temaram, Aged about 35 years DEFENDANT Caste - Kurmi, R/o Village Kona Near Village Khatti Tehsil and District Mahasamund, Chhattisgarh SECOND APPEAL U/S 100 OF CODE OF CIVIL PROCEDURE. 1908 HIGH COURT OF AT Slriale Bersch: Hoyi'ble Shri APPELLA.NT RESPONDENT Kanhaiyalal Versus Vishnu Shri Dheeraj Wankhede, counsel for the Shrl Sanjay S. AgrawaS, counsel for the respondent. 100 OF THE OF Learned for the ss on (2) {n thte ynder 100- of C.P.C. is the concurrent and by the two Courts below who his sult for as as for injunction. (3) The that he te the of No. 556 OEI whlch the has and was not to do so but he the arsd crlminalSy him and the act of the by parklng ttie and (4) The defsnctant. denled the of the and that he has not made any encroachment of the Accordlng to htm he is the of No. 557 and te own for storage. (5) Both the Gourts found that the has to proof, by submlttlng cogent and that the has the and the the ^ ^ "^^^ -1^- on his Sand, though tt has been found that the plainttff Is the owner of Khasra No. 556. (6) Having counseS for the and perusing the record, thls Gourt is that the by the Triat Coyrt and conflrmed by the first Gourt are not the hss not any appiication for the revenue Court nor any such effort was to Socat investlgation or commlsslon durlng trial. (7) Sn vtew of the concurrent findlngs by the thls Court ss of the view that no question of Saw jn the for determlnatson, whlch and Is Sd/- Prashant Kumar Mishra Judge ^