SHASHIKALA Vs. RAJSHRI DIXIT

JUDGEMENT

(1.) 1 Proceedings of this matter have been taken up for admission through Video Conferencing.

(2.) Heard on admission and formulation of substantial question of law in this second appeal preferred by the appellants/plaintiffs against the impugned judgment and decree passed by the first appellate Court affirming the judgment and decree of the trial Court by which the trial Court has dismissed the suit of the plaintiffs.

(3.) Learned counsel for the appellants/plaintiffs submits that both the courts below have concurrently erred in dismissing the suit of the plaintiffs holding that the plaintiffs have failed to prove his title over the suit property and therefore not entitled for decree of permanent injunction. He would further submits that there is dispute regarding demarcation of the land, but suit has been dismissed by recording a finding perverse to the record, therefore, the appeal involves substantial question of law for determination and the appeal be admitted for hearing and thereafter the matter be remanded for demarcation.