RSA/291/2006 of BRAHAMJEET Vs KANWAR PAL GAUTAM & ORS.

HIGH COURT OF DELHI AT NEW DELHI

RSA No.291/2006

Decided on : 8[th] April, 2013

BRAHAMJEET

…… Appellant

Through: Ms.Monica Kapoor, Advocate

Versus

KANWAR PAL GAUTAM & ORS. …… Respondents Through

CORAM: HON’BLE MR. JUSTICE V.K. SHALI

V.K. SHALI, J. (ORAL)

1.This is regular second appeal filed by the appellant.

2.I have heard the learned counsel for the appellant.

3.The appellant/plaintiff had filed suit bearing No.231/2004 for

possession and permanent injunction against the respondents. The

said suit was dismissed after trial by the learned Civil Judge on 22.2.2006. 22.2.2006.

4.The appellant/plaintiff feeling aggrieved, preferred an appeal

bearing Civil Appeal no.30/2006 titled Sh.Brahamjeet Vs.

Sh.Kanwarpal Gautam and Ors. which was also dismissed by the first appellate Court on 30.5.2006 upholding the judgment and decree passed by the trial court.

5.Still not feeling satisfied, the appellant has filed the present regular second appeal. second appeal.

6.The learned counsel for the appellant has not been able to formulate any substantial question of law arising from the present regular second appeal. The submissions which have been urged by the learned counsel for the appellant is essentially with regard to appreciation of the evidence adduced by the appellant before the trial court. With regard to the appreciation of evidence, there is concurrent finding of fact and admittedly it is not the case of the appellant that there is any perversity in the finding of fact returned by the courts below, accordingly, in my view, the present regular second appeal does not raise any substantial question of law, hence the same is dismissed.

APRIL 08, 2013 RN

V.K. SHALI, J.