ORDER :

Shivaraj V. Patil, J. - The plaintiff is before this Court in this appeal. He filed a suit for permanent injunction in respect of the suit property. The trial court, after a full-dressed trial, decreed the suit. The defendants challenged the judgment and decree of the trial court in the first appeal. The first appellate court did not find any ground to interfere with the judgment and decree of the trial court. Hence, it affirmed the findings recorded by the trial court and in that view, dismissed the appeal. The defendants pursued the matter further and filed second appeal in the High Court. The High Court, by the impugned judgment, reversed the concurrent findings of fact recorded by the courts below.

2. We have heard the learned counsel for the appellant and the learned Senior Counsel for the respondents at length. The learned counsel, in their arguments, reiterated the submissions that were made before the High Court. The High Court upset the concurrent findings of fact recorded by both the courts below, observing thus:

"In the result, though it is a concurrent finding, I set aside the judgment of the courts below. The courts below have not taken into consideration the mat