KALAWATI Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) Heard by consent of learned counsel appearing for rival parties.

(2.) This second appeal is directed against judgment and order dated 27.6.2012, passed by the learned District Judge, Nagpur, in Regular Civil Appeal No.170 of 2010, whereby the appeal was allowed in following terms, thus :

(3.) It appears that the first appellate Court decided to reverse the decree which was granted in favour of the plaintiff appellant, whereby it was held that the application for regularization made by the plaintiff appellant was wrongly rejected. The controversy between the parties as to whether area of open space admeasuring 500 square feet approx. lying on the east of the plot No.164 admeasuring 1500 square feet could have been regularized as an addition to the plot in possession of the plaintiff appellant. The parties do not dispute as it is an open piece of land admeasuring of about 500 square feet of irregular size adjacent to plot No.164 which according to the layout was only 1500 square feet in area.