MANGILAL REGAR Vs. MAHAVEER SINGH

JUDGEMENT

(1.) The present civil second appeal has been preferred under Sec. 100 of the Code of Civil Procedure, 1908 by the appellant -plaintiff against impugned Order dtd. 27/10/2020 passed by the Additional District Judge, Gulabpura, District Bhilwara in Civil Appeal No. 07/2020 titled as "Mangilal Vs. Mahaveer Singh" vide which the first appeal preferred by the appellant against the Order dtd. 21/8/2020 passed by the Civil Judge, Asind, District Bhilwara in Civil Misc. Case No. 25/2020 titled as "Mangilal Vs. Mahaveer Singh" dismissing the application under Order XXXIX, Rule 1 and 2 read with Sec. 151 of C.P.C. filed by the appellant- plaintiff, was dismissed.

(2.) Heard learned counsel for the parties on admission and perused the record of the courts below.

(3.) Learned counsel for the appellant has submitted that the orders passed by the courts below are contrary to the material available on record. He has further submitted that from the documentary evidence available on record, it was clear that the defendant (respondent herein) was adamant to encroach upon the agricultural land belonging to the plaintiff by raising construction of balcony over it, for which he was having no right.