T. N. VALLINAYAGAM, J.

( 1 ) THE first defendant which is the Municipal Corporation is the appellant in this second appeal. The suit for declaration that the Corporation has no right to construct stalls or shops touching on the eastern boundary of the plaintiff's plot and for consequential reliefs based on such declaration. In O. S. 13/82 on the file of the 1 Addl. Munsiff, Dharwad, was dismissed on 14. 3. 1983. On appeal therefrom in R. A. 46/83, the learned Prl. Civil Judge, Dharwad, reversed the decree of dismissal and allowed the appeal. Hence, this second appeal.

( 2 ) THE claim of the plaintiff was based on the basis that there is an open site in front of the building, cannot be spoiled by putting up stalls and such construction also was in violation of what is known as 'ribbon Rules'. The defendant Municipal Corporation resisted the suit saying that shops are not built on road side portion and that they are actually built on the drainage portion. They do not affect in any manner the use of the public of the road or injuriously affect the use of the plaintiff's plot. The defendants further assert that the National Highway Road ribbon Rules, are not violated.

( 3 ) AFTER co

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