IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.4063 of 2008 (O&M) Date of Decision: 10.12.2008. Municipal Council and another ....Appellants Versus Devinder Kumar ...Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.Bikram Chaudhary, Advocate for the appellants. RAJESH BINDAL, J. **** The defendants are in second appeal before this Court against the directions of the lower Appellate Court to take a decision on the site plan submitted by the respondent/plaintiff on 5.11.2000 within a period of two months from the date of judgment of learned lower Appellate Court. The respondent/plaintiff had approached the Court with a prayer for permanent injunction restraining the appellant/defendants from interfering in his construction over plot mentioned in the suit with the plea that the site plan submitted by him having not been objected to is deemed to have been sanctioned. The Trial Court dismissed the suit filed by the respondent/plaintiff. However, learned lower Appellate Court referring to the material placed on file regarding pendency of other litigation with Reeta Kaushik, regarding the suit property without reversing any of the findings of the trial Court merely directed that as the site plan which was re-submitted by RSA No.4063 of 2008 (O&M) -2- the respondent/plaintiff on 5.11.2000 was without removal of objection raised on an earlier occasion by the appellants only directed the appellants to take a final decision on the site plan within a period of two months regarding its rejection or sanction and convey the same to the respondent/plaintiff. The order passed is innocuous. The appellants have been given liberty to take a decision on the site plan submitted in accordance with law. It does not call for any interference by this Court. No substantial question of law arises. Accordingly, the appeal is dismissed. (RAJESH BINDAL) 10.12.2008. JUDGE Reema