JUDGMENT

1. This is an appeal from an order of remand arising out of a suit brought by the plaintiff for a permanent injunction against the defendant-appellant restraining him from interfering with the plaintiff's rights in a certain chabutra constructed by him. The plaintiff applied to the Municipal Board for sanction to construct his chabutra. His application was referred to the Public Works Committee to which power to deal with such applications had been given u/s 112, Municipalities Act. The Committee refused permission, but the order was revised by the Municipal Board which granted the sanction. The plaintiff proceeded to start the construction and then the defendant-appellant Sheo Ram, who apparently had not been aware of the application for sanction and who certainly had not filed any objection protesting against the grant of the sanction, preferred an appeal to the District Magistrate u/s 318 on the ground that the construction would narrow the street and would interfere with the right of way of the public of which he was a member. The Magistrate allowed the appeal and cancelled the sanction. On this the present plaintiff instituted the present suit for injunction. The learn