KUTEJABI AND ORS. Vs. RAFIQAHMED

JUDGEMENT

(1.) THE defendants 1 to 8 in O.S. No. 893/2008, on the file of III Addl. Civil Judge (Jr.Dn.), Belgaum, have come up in this second appeal impugning the concurrent finding of both the Courts below in decreeing the suit of the plaintiff for the relief of permanent and mandatory injunction by judgment and decree dated 8.12.2009 passed by the trial Court which is confirmed by the lower appellate Court in R.A. No. 5/2010 in its judgment and decree dated 27.11.2012 rendered by the Court of Prl. Senior Civil Judge, Belgaum.

(2.) THE brief facts leading to this second appeal are as under:

(3.) THEREFORE this Court on re -appreciation of the material available on record being convinced with the reasoning given by both the Courts below in decreeing the suit of the plaintiff and confirming the same by the lower appellate Court, as just and proper, question of admitting this second appeal to consider the correctness or otherwise of the concurrent finding by both the Courts below does not arise. In as much as no substantial question of law arises for consideration in this second appeal. Accordingly the same is dismissed.