S.B.CIVIL SECOND APPEAL NO. 311/2004 Thakur Ranveer Singh Versus Smt. Nandkanwari Bai and another 22/07/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. Mahesh Sharma, for the appellant. Mr. Rinesh Gupta, for the respondents Suit for permanent injunction filed by the plaintiff- respondent was decreed by the trial court vide judgment and decree dated 02/08/1996. The above judgment and decree has further been affirmed by the lower appellate court vide judgment and decree dated 23/03/2004. Learned counsel for the appellant submitted that without deciding the application under Order 41 Rule 27 CPC filed by the defendant-appellant the appeal has been dismissed in a mechanical manner. It has been submitted that along with the application the permission issued by the Municipal Board for raising the construction had been submitted. A copy of the alleged permission as submitted before the lower appellate court was also produced by counsel for the appellant for perusal of the Court. A bare reading of the document would show that as a special case the permission was granted only to restore the original form of the heritage wall. No permission for fresh construction or addition, alteration or renovation was granted in the so-called letter of the Municipal Board which itself had prayed for demolition of unauthorized construction made by the defendant-appellant. Be that as it may, on the basis of concurrent findings of fact, since after due consideration proper discretion has already been used by both the courts below, 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.