1 S.B. CIVIL SECOND APPEAL NO.332/2005 Municipal Council, Udaipur vs. Krishan Leela Palace & Motels Pvt. Ltd. DATE OF ORDER ::: 01.03.2007 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr. R.S. Mankad,for the appellant. Mr. Gurnath Singh, for the respondent. - - - - - Heard learned counsel for the parties. The plaintiff filed a suit for injunction against the Municipal Council, Udaipur, which was decreed by the trial court by judgment and decree dated 26.5.2000 and appeal of the appellant was dismissed by the first appellate court by judgment and decree dated 16.4.2005. Hence, this second appeal . Learned counsel for the appellant vehemently submitted that the plaintiff was granted permission to raise construction upto the height of 45 fts. of three story building whereas the plaintiff raised construction upto 50 ft. Height and constructed four 2 story in place of three story. The burden was placed upon the defendant to prove their right to demolish any of the part of the building of the plaintiff. The defendant's witness in his statement admitted that he had no knowledge whether in alleged height of 50 ft., the wall of roof of about 4 ft. has been included or not. The defendant-appellant failed to produce the order of the Collector by which the restriction was imposed against raising of the building beyond 45 ft. It will be worthwhile to mention here that this was the suit of the plaintiff for injunction after raising construction and that was decreed by two courts below. In view of the above, no substantial question of law is involved in this appeal. Accordingly, this appeal is hereby dismissed. (PRAKASH TATIA), J. Rm/