BY THE COURT:

1. This second appeal is arising out of the judgment and decree dated 12.05.2008 passed by the learned Additional District Judge No.1, Jodhpur in Civil Appeal No.1/2008 “Virdi Chand Bohra S/o Asu Lal Bohra Vs. K.P. Sharma S/o Puran Mal Sharma & Ors.” who dismissed the appeal filed by the present appellant-plaintiff and affirmed the judgment and decree dated 29.05.2006 passed by the learned Civil Judge (Junior K.P. Sharma S/o Puran Mal Sharma & Ors. Division) No.2, Jodhpur in Civil Original Suit No. 328/1999 “K.P. Sharma Vs. Urban Improvement Trust & Ors.” and Civil Original Suit No. Virdi Chand Bohra Vs. K.P. Sharma & Ors.” by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff-Virdi Chand Bohra seeking demolition of the illegal construction raised by the defendant-K.P. Sharma in the set back area of the house in question was dismissed, and the cross-suit filed by the defendant-K.P. Sharma seeking permanent injunction for not removing the questioned construction was decreed in his favour.

2. The present second appeal has been filed by the appellant-plaintiff-Virdi Chand Bohra aggrieved by the concurrent rejection of his suit by