SB Civil Second Appeal No. 16/2006 Tulsi Das & anr Vs Nagar Parishad, Alwar & ors 30.4.2008 Hon'ble Mr Justice Ashok Parihar Mr Manu Bhargava - for the appellants Mr SL Kumawat – for respondents BY THE COURT Suit for injunction filed by the plaintiff appellant was decreed by the trial court vide judgment and decree dated 4.4.1996. However, the above judgment and decree passed by the trial court has been set aside by the lower appellate court vide judgment and decree dated 25.10.2005. Hence, the present appeal by the plaintiff-appellants. The dispute is in regard to a platform measuring 58x8 feet. The respondent No.1 alleging encroachment over the public land, removed the same on 25.1.1983. Apprehending removal of such encroachment the suit for injunction was filed by the plaintiff appellant on 24.1.1983. Subsequently, no amendment was made by the plaintiff appellant in the suit nor any issue in regard to title of land in dispute was framed. The learned lower appellate court, after considering the record and statements made on behalf of the plaintiff-appellant, held that platform been on government land had already been removed way back in January, 1983 and suit for injunction could not have been maintained. The plaintiff appellant if at all aggrieved, could have filed a suit for declaration in regard to land in question. Since, after due consideration, proper discretion has been used by the lower appellate court, in the facts and circumstances, no further interference is called for by this court, more so, when no substantial question of law arises. The appeal is dismissed accordingly as having no merit. (Ashok Parihar)J. bnsharma