Hon'ble Dr. KOTHARI, J.—This second appeal has been filed by the appellant -plaintiff Shree Cement Limited against the concurrent dismissal of its suit for injunction against the recovery of dues raised by the defendant - Mining Department to the extent of Rs.4,20,000/- on account of illegal mining outside the area leased to the plaintiff – company on the basis of survey made by the mining authorities on 24.6.1995.

2. The learned Trial Court of Civil Judge (Junior Division), Bar dismissed the suit of the plaintiff appellant being Civil Original Suit No.43/1995 - Shree Cement Ltd. vs. State of Rajasthan and ors. vide judmgent and decree dtd.19.4.2005 and the first appeal was dismissed by the learned Additional District Judge (Fast Track) No.1, Headquarter Jaitaran, Dist. Pali vide judgment dtd.29.4.2006 in Civil First Appeal No.93/2005 – Shree Cement Ltd. vs. State of Rajasthan and ors. Being aggrieved by the same, the appellant – company has preferred this second appeal on stated substantial questions of law before this Court.

3. The learned counsel for the appellant – Company, Mr. Arvind Shrimali urged that the survey report (Mauka Panchnama) was not prepared in presence of the any

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