- (1.) HEARD learned counsel for the petitioners and perused the impugned order dated 16. 11. 2007 passed by the learned trial court as well as the appellate order dated 26. 05. 2008 by which the application under order 39 Rule 1 and 2 C. P. C. as well as the appeal filed against the same has been dismissed.
(2.) THE short question for consideration is that the plaintiff filed a suit for permanent injunction for restraining the respondent-Municipal Board from realizing the amount of Rs. 3,21,000/-from the petitioner and further that he should not be obstructed by the Municipal Board for raising construction over the land purchased by him from the Municipal Board.
(3.) HAVING considered the submission of the learned counsel for the petitioner, I deem it just and proper to direct that in case the petitioner deposits the disputed amount with the Municipal Board, the Municipal Board shall grant permission to the petitioner in accordance with law and shall not obstruct in any construction it is made clear that in case the respondents are aggrieved by this order, they may approach this court for the modification of this order.;