1 S.B.Civil Second Appeal No.344/2006. Urban Improvement Trust, Jodhpur. vs. Smt. Jamna Devi. Date : 22.3.2007 HON'BLE MR. PRAKASH TATIA, J. Mr. DS Rajvi, for the appellant. - - - - - Heard. The plaintiff filed suit for injunction against the appellant UIT which was dismissed vide judgment and decree dated 5.11.2004. The first appellate court vide its judgment and decree dated 27.2.2006 reversed the judgment and decree of the trial court and granted decree for prohibitory injunction against the defendant with liberty to the defendant to remove the plaintiff by following due process of law only. In view of the above, I do not find any reason to interfere in this second appeal in the appellate judgment and decree because of the reason that the first appellate court itself only granted injunction on 2 the basis of possession of the plaintiff with liberty to the defendant to remove the plaintiff by following due procedure of law. No substantial question of law is involved in this appeal despite the fact that the appellant has submitted an application under Order 41 Rule 27 CPC to show that the plaintiff was in fact dispossessed from the suit property. I do not find any reason to allow such an application at such a belated stage which has been filed at second appellate stage. Consequently, this second appeal, having no merit, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya