The courts below have concurrently decreed the suit for a permanent prohibitory injunction restraining the defendant from trespassing into any portion of the plaint A schedule property and plaint B schedule pathway. The trial court has directed the defendant to pay a sum of Rs. 20,000/- towards compensation and Rs.3,875/- towards the cost of reconstruction of the compound wall demolished by him. It is in evidence that the defendant has an alternate access to his property on the northern side and that the plaint B schedule pathway has not been shown to be a public road as alleged. The lower appellate court has vacated the direction to pay Rs. 20,000/- as compensation and has sustained only the direction to pay Rs. 3,875/- as expenses for reconstruction of the compound wall. The finding is rested on evidence and calls for no interference in this Regular Second Appeal. The parties were given full opportunity by the trial court to adduce oral and documentary evidence.
R.S.A. No. 160 of 2011 2 There is no question of law much less any substantial question of law in this regular second appeal. The Regular Second Appeal is dismissed.
V.CHITAMBARESH JUDGE DCS