S.B. Civil Second Appeal No.164/89 Gouri Lal Teli Vs. Mahadeo Prasad & Ors. Date:21/08/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. M.M. Ranjan, for appellant. BY THE COURT: Suit for declaration, injunction and demolition of new construction was dismissed by the trial court vide judgment and decree dated 18.2.1981. However, on a further appeal been filed on behalf of the plaintiff-appellant, while partly allowing the appeal, the lower appellate court vide judgment and decree dated 28.2.1989 directed the defendant-respondents to restore the idol in the temple on the first floor and maintain the position existed earlier. Other prayers in regard to demolition of projection on the second floor was not accepted by both the courts below. As per statement made by the counsel for the plaintiff- appellant, after dismissal of second appeal filed on behalf of the defendant-respondents by this court, compliance of the judgment and decree passed by the lower appellate court has already been made. The only grievance as now agitated by the learned counsel for the appellant has been in regard to removal of projection on second floor. After having carefully gone through the material on record, it appears that both the courts below have come to a finding that apprehensions of the plaintiff-appellant in regard to projection on the second floor are wholly imaginary and misconceived. Since the plaintiff-appellant has not been able to establish any right on the first floor or second floor of the premises in question, the grievance as now raised do not survive. Since the findings have been given on the basis of evidence and material on record taking into consideration the report of the Commissioner, in my opinion, the substantial questions of law as framed on 17.4.1992 do not survive. The appeal is dismissed accordingly as having no merits. (Ashok Parihar) J.