S.B. Civil Second Appeal No.501/07 Date:28/01/2009 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. Sandeep for Mr. Deepak Asopa, for appellant. Mr. Kaleem Ahmed Khan, for respondent. BY THE COURT: Suit for permanent injunction filed by the plaintiff-appellant was allowed by the trial court vide judgment and decree dated 7.12.2005. However, the above judgment and decree passed by the trial court has been reversed and set aside by the lower appellate court vide judgment and decree dated 23.5.2007. After hearing learned counsel for the parties, I have carefully gone through the material on record. The lower appellate court on the basis of evidence and material on record has come to a finding that the plaintiff has not been able to prove his claim or way over the land in dispute. The lower appellate court has also taken into consideration the measurements of the plots/land possessed or owned by both the sides. Since after due consideration on the basis of material on record proper discretion has already been used by the lower appellate court, in the facts and circumstances, no further interference is called for by this court, moreso, when no substantial question of law arises. The appeal is dismissed accordingly as having no merits. (Ashok Parihar) J.