BANSHI LAL Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has implored to quash and set-aside the order dated 8th March, 2011 as also the order dated 22nd February, 2012 passed by the learned Civil Judge (Sr. Division), Kishangarh, District Ajmer and Additional District Judge, Kishangarh, District Ajmer respectively.

(2.) THE facts of the case are that the petitioner-plaintiff filed a civil suit bearing no. 3/2011 titled Banshi Lal Versus Mukesh Kumar, together with an application of temporary injunction under Order 39 Rule 1 and 2 CPC, in the court of Civil Judge (Sr. Division), Kishangarh, District Ajmer against the respondents/defendants for cancellation of the registered sale deed and permanent injunction.

(3.) IN the case of Mst. Kharbuja Kuer Versus Jangbahadur Rai, (1963) 1 SCR 456, the Hon'ble Apex Court held that the High Court had no jurisdiction to entertain second appeal on findings of fact even if it was erroneous. IN this connection, the Apex court observed as follows: "It is settled law that the High Court has no jurisdiction to entertain a second appeal on the ground of erroneous finding of fact. As the two Courts, approached the evidence from a correct perspective and gave a concurrent finding of fact, the High Court had no jurisdiction to interfere with the said finding."