CHUNNA MIYA Vs. KANPUR DEVELOPMENT AUTHORITY AND ORS.

JUDGEMENT

(1.) By means of the present petition, the order dated 16.5.2017 of rejection of amendment application in Civil Appeal No.5 of 2014 is under challenge.

(2.) A suit for permanent prohibitory injunction to restrain the defendant for the relief from demolishing or damaging the constructions existing over plot no. 54-A 'O' Block, Sabji Mandi Kidwai Nagar, Kanpur, particulars whereof has been given at the foot of the plaint, has been filed by the petitioner. The said suit has been dismissed on 1.11.2013 with the finding that the petitioner/plaintiff had no right to raise constructions. A Civil appeal No.5 of 2014 has been filed which is pending consideration before the Court below. It is admitted that no interim injunction has been granted in appeal.

(3.) During the pendency of appeal, application under Order 6, Rule 17 CPC paper no. 64 Kha was filed by the petitioner/plaintiff with the assertion that one room existing over plot in question had been demolished by the defendant on 4.12.2013 i.e. during pendency of the appeal.