LAWS(GJH)-2015-3-246

PARMANAND KANAIYALAL NIMBARK Vs. A M C

Decided On March 05, 2015
Parmanand Kanaiyalal Nimbark Appellant
V/S
A M C Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 21.7.1989 passed by the learned Judge, 5th Court, City Civil Court at Ahmedabad in Civil Suit No.768 of 1983 whereby the suit instituted by the appellants herein has been dismissed.

(2.) THE appellants are the original plaintiffs and the respondent No.1 - Ahmedabad Municipal Corporation is the original defendant No.1, the respondent No.2 Pandya and Company is the original defendant No.2, the respondent No.3 - Tapovan Co -operative Housing Society Ltd. is the original defendant No.3 and the respondent No.4 Premshankar D. Pandya, who is the main contesting party, is the original defendant No.4. For the sake of convenience reference is made to the parties in their capacity as plaintiffs and defendants in the suit.

(3.) THE appellants - original plaintiffs, instituted a suit against the defendants seeking permanent injunction against that the defendant No.1 Corporation restraining it from sanctioning any building plans in respect of the plaintiffs' land situated at Mauje Vasna bearing Revenue Survey No.172/1, Town Planning Scheme No.21, Final Plot No.211/1, new No.592/2, submitted by the defendant No.2 vide BNS/198/2 and also prayed that any other building permission that may be sought for by any other person may not be sanctioned by the Town Planning Committee or in any other manner.