Vineet Kothari, J. - (1.) THE present Misc. Appeal has been filed by the plaintiff -appellant aggrieved by the order dated 03.09.2015 passed by the learned Additional District Judge No. 1, Jodhpur Metropolitan in pending Civil Suit No. 35/2015 "Amar Chand Pungaliya v. Municipal Corporation, Jodhpur", whereby, the learned Trial Court has refused to grant ad -interim relief to the plaintiff -appellant on the temporary injunction application filed by them in a suit for injunction against Municipal Corporation, Jodhpur.
(2.) THE matter pertains to the alleged unauthorised and illegal construction beyond the sanctioned limits of the plaintiff -appellant of the hotel known as "Mango Hotel" situated at Mandore Road, Jodhpur, a BRTS Route for the city transport. The matter has now been fixed by the learned Trial Court two days hence, i.e., on 26.09.2015 (Saturday), while granting time to the respondent -Municipal Corporation, Jodhpur to file reply to the temporary injunction application and then hear the other side also vide order impugned dated 03.09.2015. The reasons assigned by the learned Trial Court for refusing the ad -interim relief in the impugned order dated 03.09.2015 are quoted below for ready reference: - -
(3.) THE apprehension of the appellant -plaintiff at this stage for invoking the jurisdiction of this Court against this ad -interim order dated 03.09.2015 appears to be the notice given by the respondent -Municipal Corporation, Jodhpur on 22.09.2015 vide Sl. No. 11293, referring to the earlier communications, Undertaking and Affidavit of the plaintiff -appellant himself, Amarchand Pungalia to remove the unauthorised/illegal constructions and that period having expired now, a final notice of 48 hours was given by the respondent -Municipal Corporation, Jodhpur to the plaintiff -appellant either to remove the offending constructions himself or else, the same will be removed by the Municipal Authorities or the Municipal Authorities may seize the said premises. The said notice dated 22.09.2015 is said to be served upon the plaintiff -appellant on 22.09.2015 itself and, therefore, as contended by the learned counsel Mr. L.R. Mehta appearing for the plaintiff -appellant that the period of 48 hours would expire at the mid -night hour today, i.e., 24.09.2015 and before the temporary injunction application filed by the plaintiff -appellant is heard by the learned Trial Court day after tomorrow, i.e., on 26.09.2015 (Tomorrow 25.09.2015, Friday being the Public Holiday on account of Eid), the respondent -Municipal Corporation, Jodhpur may even proceed to demolish the alleged unauthorised/illegal constructions.;