S.B. Civil Second Appeal No.114/91 Onkar & Ors. Vs. Ram Chandra Date:22/08/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. R.P. Garg, for appellants. None present for respondent. BY THE COURT: Suit for declaration, injunction and removal of obstruction filed by the plaintiff-appellants though was decreed by the trial court vide judgment and decree dated 22.2.1989, 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 24.11.1990 mainly on the ground of limitation since obstruction/encroachment as alleged to have been made in the year 1967, whereas, the suit had been filed in September, 1974 and further the plaintiffs having failed to get any relief in the remedy before the Gram Panchayat. After having carefully gone through the material on record, on the basis of finding of fact since after due consideration 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 on facts the substantial questions of law as framed do not survive. The appeal is dismissed accordingly as having no merits. (Ashok Parihar) J.