CSA 93/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. CIVIL SECOND APPEAL NO.93/07 Jahangir & Anr. Versus Municipal Board, Fatehpur Shekhawati DATE OF ORDER :: 21/01/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Dinesh Dixit for Mr. A.K. Bajpai, for appellant-plaintiffs *** Instant second appeal has been filed by plaintiff-appellants assailing the judgment & decree dated 31st January, 2001 which was affirmed in regular appeal preferred by plaintiffs vide judgment & decree dated 16th January, 2004. A suit was filed by appellant-plaintiffs for permanent injunction against the respondent- defendant Municipal Board, Fatehpur Shekhawati restraining them from interfering in the land which is appurtenant to constructions made by fore-father of appellant-plaintiffs. Learned trial Judge on the pleadings of parties, in all framed six issues – all issues were decided in favour of respondent-defendant. So far as issue No.1 is concerned, it was partly decided in favour plaintiff-appellants holding that construction raised over the disputed property belongs to fore-father of plaintiffs and with regard to vacant land, trial Judge has observed CSA 93/07 [2] that it belongs to Municipality and no right is conferred in favour of appellant-plaintiffs herein and on re-appreciation of material on record appellate court also affirmed the finding. I have heard counsel for appellant at length. The submissions made are purely re- appreciation of facts which have attained finality and based on concurrent finding of fact of the courts below. This court does not find any legal question which emerges for consideration in the instant appeal. Consequently, the appeal fails and is hereby dismissed. Record be sent back to trial court. [AJAY RASTOGI],J. FRBOHRA,JR.P.A.93CSA2007 21-1.doc