Jhulla v. Satyanarayan And Others

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.128 of 2009 Jhulla Son of Sunwa Rathore, aged about 61 years, Agriculturist, Resident of Village Badhavandand, Tahsil Pendraroad, District Bilaspur (CG) (Plaintiff) ---- Appellant

Versus

1. Satyanarayan Son of Mitthu Rathore, aged about 53 years,

2. Basant Lal Son of Mitthu Rathore, aged about 45 years,

3. Kanhaiya Lal Son of Mitthu Rathore, aged about 41 years,

4. Hem Lal Son of Mitola Rathore, aged about 48 years,

5. Raju Son of Hem Lal Rathore, aged about 30 years; All are Agriculturist, and the respondent No.1 to 3 are resident of Village Bacharwar and respondent No.4 and 5 are resident of Badhawandand, Tahsil Pendraroad, District Bilaspur (CG) (Defendants) ---- Respondents -------------------------------------------------------- For Appellant/Plaintiff : Mr.Ashok Soni, Advocate For Respondents/Defendants: Mr.B.P.Singh, Advocate -------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03/09/2020

1. Heard this second appeal preferred by the appellant/plaintiff on the question of admission and formulation of substantial question of law.

2. By the impugned judgment and decree, the first appellate Court dismissed the appeal preferred by the plaintiff affirming the judgment and decree of the trial Court dismissing the suit for permanent

injunction.

3. Mr.Ashok Soni, learned counsel for the appellant/plaintiff after arguing for a fairly long time could not demonstrate any perversity in the finding of the two Courts below dismissing the suit and submit that in view of concurrent finding, he is not pressing the appeal.

4. Since the plaintiff is not pressing the appeal, the second appeal is dismissed as not pressed.

Sd/- (Sanjay K. Agrawal) Judge B/-