IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Second Appeal No.362 of 2008. Gopal son of Shri Raghunath VERSUS Vijendra son of Shri Raghunath and Others Date of Order :::: 13/07/2009 Hon'ble Mr. Justice Dalip Singh Ms. Sangeeta Sharma, Counsel for the Plaintiff-Appellant Mr. Ashish Sharma, Advocate for Mr. Alok Sharma, Counsel for the Defendant-Respondents BY THE COURT : Heard learned counsel for the parties. Learned counsel for the appellant while assailing the findings given by the learned Appellate Court has not been able to controvert the reasonings given in Para No.11 of the judgment of the learned Lower Appellate Court while appreciating the evidence and more particularly Exhibit-4 on which the learned counsel for the plaintiff-appellant laid great stress. The learned Appellate Court has considered the documents Exhibit-4, which is the site-plan prepared by granting permission to the plaintiff by the Gram Panchayat and on which great stress was laid by the plaintiff. The learned Court below has discarded the same on the ground that for according the approval and issuing the site-plan there is no supporting evidence that any notice inviting objection as per Rules was issued by the Gram Panchayat nor is there any resolution or record of the Gram Panchayat to support that the Gram Panchayat resolved to grant permission on the basis of the aforesaid site-plan Exhibit-4. The learned Court below also noted the fact that there was no file number or serial number on the said site-plan nor is there any signature of any other Pancha or Secretary of the Gram Panchayat, who participated in the proceedings for according permission to the plaintiff and the only signatures available on Exhibit-4 the site-plan are those of the Sarpanch alone. Based upon the above, the learned Court below discarded the aforesaid piece of evidence produced on behalf of the plaintiff-appellant. At the same time, while giving the finding in favour of the defendant the learned Court below also took into account Exhibit A/1 the letter issued by the Panchayat dated 20th March, 2001 according to it no such record, including any file or resolution recorded in the minutes granting permission to the plaintiff is available in the record of the Panchayat. Thus the defendant while assailing the document Exhibit-4 on the basis of lacuna in the plaintiffs evidence further discharged the burden by proving positively vide Exhibit A/1 that in the Panchayat record there was no supporting evidence so far as Exhibit-4 is concerned and the same can not be relied upon. Based upon the above, the learned Lower Appellate Court has reversed the findings while re-appreciating the evidence and this Court in second appeal would not like to re- appreciate the evidence. No substantial question of law arises in this second appeal. The same is accordingly dismissed summarily. The stay application also stands dismissed. (Dalip Singh) J. ashok/