MUNICIPAL CORPORATION SHIMLA Vs. KANTA DEVI

JUDGEMENT

(1.) ORDER dated 27.11.2010, passed by the learned Civil Judge (Jr. Divn.)(VI), Shimla, in an application under Section 151 of the Code of Civil Procedure (in short 'Code of Code of Civil Procedure '), filed by the Respondent and proformaRespondent herein, Shri Rattan Lal Chauhan, who was initially joined as proformaDefendant in the main suit for grant of a decree of perpetual prohibitory injunction and later on transposed as co -plaintiff, as applicants/plaintiffs against the Petitioner herein being the Respondent/defendant, is under challenge in the present revision petition under Section 115 Code of Civil Procedure.

(2.) FOR the sake of convenience the parties shall here in after be referred to by their status in the learned court below, i.e.,Plaintiffs and Defendant.

(3.) DURING pendency of the revision petition before this Court, the following order was passed on 16.06.2011: At the joint request of the parties, the premises be visited and inspected by a duly constituted technical committee comprising of Assistant Engineer and Junior Engineer of the Petitioner corporation. In view of the averments contained in the petition and order passed bythe learned trial Court, the duly constituted technical committee shall submit the status report to the Court onor before 10.8.2011.