Court No. - 23 Case :- SECOND APPEAL No. - 671 of 2015 Appellant :- Bashiruddin Respondent :- Nagar Palika Parishad, Muradnagar Ghaziabad Thru. Exe. Eng Counsel for Appellant :- Sunil Singh,K.R. Sirohi Counsel for Respondent :- Manu Saxena Hon'ble Rajiv Joshi,J. Heard Sri Rahul Sripat, learned counsel for the plaintiff- appellant and Sri Manu Saxena, learned counsel for the defendant-respondent. This second appeal under Section 100 of C.P.C. has been filed against the judgment and decree dated 15.5.2015 passed by the Additional District & Sessions Judge, Court No. 15 Ghaziabad in Civil Appeal No. 63/2014 as well as decree dated 20.3.2014 passed by the Judge Small Cause Court/Civil Judge (Junior Division) Ghaziabad in Original Suit No. 2361 of 2010. It reflects from the record that plaintiff filed suit in respect of plot nos. 427 measuring 0.1590 hectare, 428 measuring 19 Biswa and 444 measuring 0.4930 hectare situated at Village Sarna Muradnagar, Pargana Jalalabad, Tehsil Modinagar. As per the plaint case, the plaintiff is the owner and in possession over the said plots but the respondents is interfering in his possession and stopping from raising construction and therefore, the suit for permanent injunction was filed restraining the defendant not to interfere with the possession of the plaintiff and not create any obstacle in raising construction. The suit was contested by the respondent on the ground that plot no. 445 belongs to Nagar Palika Parishad, Muradnagar, Ghaziabad and they are raising construction over the same. It is further averred in the written statement that in the garb of their plot, the plaintiff was raising construction over the adjacent Nala by encroaching the same. The trial court has dismissed the suit of the plaintiff with the finding that the plaintiff was raising construction over plot no. 445, which is adjacent to the plots of the plaintiff and also over the Nala by encroaching the same. The said finding so recorded by the trial court was affirmed by the appellate court vide judgement and decree dated 15.5.2015. During the pendency of the second appeal, this Court vide order dated 11.4.2017 remitted the matter to the trial court in view of provisions of Order 41, Rule 25 C.P.C. to decide two issues framed thereunder. The two issues, which were remitted to the trial court are as under: "(i) Where exactly the Khasra No. 427 measures 0.1590 hectare Khasra No. 428 measures Biswa and Khasra No. 444 measures 0.4930 hectare are situated and where plot no. 445 is situated: and (ii) Whether the Nagar Palika Parishad, Moradnagar- respondent herein is making construction over the plot no. 445 or the plots claimed by the plaintiff." On the said two issues, a finding was recorded by the trial court to the effect that plot nos. 427, 428 and 444 are situated towards north side of the plot no. 445 and over plot nos. 427, 428 and 444, there are shops and with regard to the second issue, a finding was recorded that in the plot no. 445, the plaintiff is not raising any construction. In view of the finding, which was recorded by the trial court, it is apparent that the plaintiff is not raising any construction over the land belongs to Nagar Palika Parishad i.e. plot no. 445 and also not encroaching any land of Nala and road, which belongs to them. It is further evident from the finding that plot no. 427, 428 and 444 are belongs to plaintiff over which his shops are standing. Learned counsel for the parties have no objection to the said findings are accepted and the findings as recorded by the court below be set aside. In view of the said matter, the appeal is allowed. The judgment and decreed dated 15.5.2015 passed by the Additional District & Sessions Judge, Ghaziabad in Civil Appeal No. 63/2014 as well as judgment and decree dated passed by the Judge Small Cause Court/Civil Judge (Junior Division) Ghaziabad in Suit No. 2361 of 2010 are hereby set aside and the suit of the plaintiff stands decreed. Order Date :- 13.12.2018 Noman