OM PARKASH SOOD Vs. MUNISH KASHYAP AND OTHERS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed for setting aside order dated 20.11.2012 passed by learned Civil Judge (Junior Division), Court No.6, Shimla dismissing the application of the petitioner for proving completion plan and order No. 373 (AP) dated 4.9.2012 issued by the Architect Planner, Municipal Corporation, Shimla.

(2.) The facts, in brief, are that respondents No. 1 to 4 have filed a suit for permanent prohibitory injunction against the petitioner and proforma respondent No.5 regarding land comprised in Khasra No.392/3 situate at Shankli, Shimla. The petitioner has contested the suit. The evidence of the petitioner was closed by the order of the Court on 20.9.2012.

(3.) The case of the petitioner is that on 22.9.2012 he received order No. 373(AP) dated 4.9.2012 regarding the completion plan of his building. The petitioner immediately contacted his counsel and filed application on 22.9.2012 for proving the completion plan and order No.373 (AP) dated 4.9.2012. The application was contested by respondents No. 1 to 4 and learned Court below dismissed the application on 20.11.2012 which order has been assailed by the petitioner in the petition.