Neutral Citation No. - 2025:AHC-LKO:25945 Court No. - 5 Case :- SECOND APPEAL No. - 148 of 2023 Appellant :- Ramlakhan Respondent :- Mangal And Another Counsel for Appellant :- Neelam Pandey Counsel for Respondent :- Akram Fazal Mirza Hon'ble Abdul Moin,J. 1. Heard learned counsel for the appellant. 2. Instant second appeal has been filed raising a challenge to the judgment and order dated 20.07.2023 passed by learned District Judge, Shravasti, in Civil Appeal No.10 of 2019 in re: Ramlakhan vs. Mangal and another, as well as the judgment and order dated 02.12.2019 passed by the learned Civil Judge (J.D.) in Original Suit No.345 of 2006 in re: Budhai through L.R. vs. Mangal and another. 3. Bereft of unnecessary details, the facts set forth by the learned counsel for the appellant are that there is a piece of land in Bankey Sirsiya, Post Sirsiya, Pargana Tulsipur, Tehsil Bhinga, District Shravasti, which was in the possession of the plaintiff/appellant and a dispute was being created by the respondents/defendants which led the plaintiff Budhai to file Original Suit No.345 of 2006 before learned trial Court at Bhinga praying for permanent injunction for the aforesaid piece of land. The defendants put in appearance and strongly refuted the claim of the plaintiff that he is the owner of the said land. 4. Learned trial court framed various issues of which issue no.1 was as to whether the plaintiff is the owner and in possession of the land in dispute. 5. The learned trial court has passed a detailed order pertaining to issue no.1 per which it has found that (a) the plaintiff is not in possession of any sale deed with respect to the aforesaid piece of land, (b) the plaintiff has miserably failed to prove that the said land is ancestral land, and (c) the plaintiff has failed to prove that he is in possession of the said land. 6. Considering the aforesaid, the trial court dismissed the suit filed by the plaintiff. 7. Upon an appeal being filed by the plaintiff namely Civil Appeal No.10 of 2019, the learned appellate court vide impugned judgment and order dated 20.07.2023 has dismissed the appeal and has affirmed the judgment of the learned trial court. 8. Being aggrieved, instant appeal has been filed. 9. Learned counsel for the appellant states that there are various substantial questions of law as arise in the instant second appeal as have been enumerated in paragraph 'L' of the appeal. However, considering the specific finding as recorded by the learned trial court as well as the appellate court of the plaintiff/appellant having failed to prove that he is in possession of the land by any means including the fact that the plaintiff is also not the owner of the land in not having either a registered sale deed or having failed to prove that the said land is ancestral land and there is specific finding recorded by both the courts consequently this Court does not find any grounds to interfere with the reasoned and speaking orders that have been passed by the learned trial court and the appellate court. 10. 10. Keeping in view the aforesaid discussion, the appeal is dismissed. Order Date :- 5.5.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench