- (1.) The plaintiffs having concurrently remained unsuccessful before the two Courts below has approached this Court through the present regular second appeal. They filed a suit for permanent injunction restraining the defendant No.1, Gram Panchayat from putting the earth and for restraining defendant Nos.2 to 4 from constructing the road on the portion shown as red in the site plan which was claimed to be comprised of Khasra No.879.
(2.) Both the Courts below concurrently found it as a fact that the road in question had already been constructed at the spot and that, there was a metaled road. Because of the aforesaid fact, both the Courts below held that the relief claimed by the plaintiffs had been rendered infructuous.
(3.) Consequently, the suit filed by the plaintiffs was dismissed and their appeal also failed before the learned first Appellant Court.;