SUSHILA JAIN Vs. BABULAL KUMAWAT

JUDGEMENT

(1.) Instant second appeal has been preferred against the judgment and decree dated 25.9.2018 passed by Additional District and Sessions Judge No. 7, Jaipur Metropolitan, Jaipur (hereinafter referred to as the 'Appellate Court'?) in Civil Regular Appeal No. 03/2013 whereby the Appellate Court dismissed the appeal and confirmed the judgment and decree dated 23.1.2013 passed by Additional Civil Judge (J.D.) No. 4, Jaipur Metropolitan, Jaipur (hereinafter referred to as the 'Trial Court'?) in Civil Suit No. 285/2005.

(2.) Brief Facts giving rise to the present appeal are that the appellant-plaintiff (hereinafter referred to as 'the plaintiff'?) filed a suit for permanent injunction against the respondents-defendants (hereinafter referred to as 'the defendants'?). The suit of the plaintiff was dismissed by the Trial Court vide judgment dated 23.1.2013 for the reason that the plaintiff did not produce any evidence which could show that any complaint was made by her to the Nagar Nigam with regard to illegal construction being raised by the defendant No. 1. The Trial Court also dismissed the plaintiff's suit for the reason that she failed to prove that on 6.10.2005 any construction was raised by the defendant No. 1 in the set back of the disputed property and thereafter also the construction work was done by the defendant No. 1.

(3.) Being aggrieved by the same, the plaintiff preferred an appeal before the Appellate Court which also came to be dismissed vide judgment dated 25.9.2018. The plaintiff therefore, has filed the present second appeal.