SA No. 30 of 2009 Hon'ble Prafulla C. Pant, J. Sri Sarvesh Agarwal, Advocate, present for the appellant. Sri S.S. Chauhan, Advocate, present for the respondent No. 2 - Nagar Palika Parishad. This second appeal is directed against the judgment and decree dated 13.04.2009, passed by first appellate court (Additional District Judge / III Fast Track Court, Udham Singh Nagar), in Civil Appeal No. 12 of 2007, whereby said court has affirmed the judgment and decree dated 20.03.2007, passed by the trial court (Civil Judge (Senior Division), Udham Singh Nagar), in Suit No. 56 of 2005. Brief facts giving rise to this appeal are that the plaintiff runs a shop within the limits of Municipal Board, Kichha. He has sought prohibitory injunction against the respondents seeking that defendants should not demolish the constructions raised by the plaintiff by the side of his business establishment. He has come with a case that the disputed constructions are not part of shop let out and the said part was outside the shop in the tenancy of the plaintiff / appellant. There is concurrent finding of fact of the courts below that the disputed constructions are raised over Nala (drain), which is a public land and injunction sought by the plaintiff cannot be granted to him restraining the defendants, which includes Nagar Palika, from demolishing the disputed constructions. Having heard learned counsel for the plaintiff / appellant and after going through the impugned judgment and decree, passed by the courts below, this Court does not find any substantial question of law involved in this appeal. The appeal is dismissed summarily. (Stay Application No. 4888 of 2009 also stands dismissed). (P.C.P., J.) 18.06.2009 NS