ADV PALLAVI Vs. SHRI MILIND

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally with consent of the learned Counsel for the parties.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 27/1/2011 passed by the 21st Joint Civil Judge, Junior Division, Nagpur whereby the amendment application (Exh.74) filed by the original plaintiff, i.e. respondent no. 1 herein came to be allowed and the plaintiff was directed to carry out amendment in the plaint within 14 days from the date of the said order. It is required to be noted that the suit as originally filed, is one challenging the notices under Sections 53 and 54 of the Maharashtra Regional and Town Planning Act, 1966 issued by the Nagpur Municipal Corporation to the plaintiff. The said notices are in respect of the alleged unauthorized construction carried out by the plaintiff. The present petitioner, who claims to be owner of the property in question, came to be joined as party defendant to said Regular Civil Suit No. 1175/2006 sometime in the year 2009.

(3.) It is pertinent to note that earlier, at an interim stage, the matter had come to this Court and this Court by order dated 20/ 11/2009 had directed the trial Court to decide the said Regular Civil Suit No. 1175/2006 as early as possible and in any case by 30/4/2010.1 am informed at the Bar by the learned Counsel for the respondent no.l, i.e. plaintiff that cross-examination of the plaintiff is yet to commence.