Parma Nand vs. Gurdayal Singh CMP (M) No. 2208/2025 3.3.2026 Present: Ms. Parul Negi, Advocate, for the appellants/applicants. Mr. O. P. Negi, Advocate, for respondents No. 1 to 4. Mr. Baldev Negi, Addl. A.G. for respondent No. 5. CMP (M) No. 2208/2025 The present application has been filed for condonation of delay of 23 days in filing the present regular second appeal. For the reasons stated in the application, more particularly in paras 3 and 4 thereof, which is duly supported by an affidavit, I find sufficient reasons to condone the aforesaid delay. Ordered accordingly. Applications stands disposed of. RSA No. /2026 Be registered. Admit on following substantial questions of law: 1. Whether the learned Courts below erred in law in decreeing the suit without appreciating that the same was not maintainable in view of the provisions of the Forest Rights Act, 2006 which provided a special statutory forum to adjudicate upon tribal and customary rights, thereby ousting the jurisdiction of the Civil Court? 2. Whether the learned Courts below erred in law in decreeing the suit for permanent prohibitory injunction in favour of the plaintiffs/respondents without proof of actual infringement of their legal rights, contrary to settled law that injunction cannot be granted on mere apprehension or in absence of evidence? Call for the records. CMP No. 2026 Be registered. Learned counsel for the applicants seeks and is granted permission to withdraw the instant application filed under Order 41 Rule 5 read with Section 151 CPC to file it afresh under the relevant provisions of law. Application stands disposed of as withdrawn. (Romesh Verma) Judge 3.3.2026 (pankaj)