Extracted from the PDF above. The PDF is authoritative.
2025:UHC:8313 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
SA No. 40 of 2021
Hon’ble Rakesh Thapliyal, J.
1. Mr. Sudhir Kumar, learned counsel for the appellant.
2. Mr. J.C. Belwal, learned counsel for the respondent through V.C.
3. The suit was filed by the plaintiff/appellant bearing OS No. 14 of 2009 for seeking permanent injunction against the defendants who are the respondents herein and the same was dismissed on 07.05.2011.
4. Being aggrieved with the judgment passed by the First Additional Civil Judge (J.D.) dated 07.05.2011 a regular civil appeal was preferred bearing Civil Appeal No. 22 of 2011 that too was also dismissed on 13.03.2020 and now being aggrieved with both the orders the present second appeal has been preferred.
5.
Learned counsel for the respondent submits that there is a concurrent finding of fact and the instant second appeal was preferred in 2021 and now four years has been passed but uptill date the same has not been admitted so far.
6. Taking into consideration that there are concurrent finding of fact and the appeal has not been admitted so far though it was filed in 2021 and even on merit I do not find any substantial question of law, therefore, the instant second appeal is dismissed in limine.
7. Liberty is given to the appellant to approach to the competent authority for seeking demarcation of land under Section 39/41 of L.R. Act and if he approach to the competent authority for seeking such demarcation, the competent authority may proceed with the demarcation as per law.
(Rakesh Thapliyal, J.) 18.09.2025 PR
2025:UHC:8313