NAGAR PALIKA INDRAGARH Vs. RAMESH CHAND MAHAJAN (SINCE DECEASED)
LAWS(RAJ)-2018-2-337
HIGH COURT OF RAJASTHAN
Decided on February 20,2018

Nagar Palika Indragarh Appellant
VERSUS
Ramesh Chand Mahajan (Since Deceased) Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) A challenge in this second appeal under Section 100 CPC has been laid by the appellants-defendants (hereinafter 'the defendants') to the affirming judgment passed on 17-5-2017 passed by the District Judge Bundi dismissing the defendants' first appeal against the judgment dated 17-12-2011 passed by the Civil Judge (Junior Division) Indragarh, District Bundi in civil suit No.8/2000, whereunder the plaintiff's suit for permanent injunction was decreed.
(2.) Ramesh Chand filed a suit for permanent injunction claiming that his father Ramswaroop (now deceased and represented by his LR's) had purchased three shops around 22 years back, in a private sale and thereafter got them regularised on depositing the requisite fee with the Municipal Board Indragarh. The plaintiff's case was that the Municipality now without any justification sought to demolish the shops, and interference with the plaintiff's legal rights and hence the suit for permanent injunction.
(3.) On service of notice on the plaint, the defendants filed written statement and submitted that the plaintiff had made encroachment and raised construction over 30 x 10 ft. government land.;


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