SUBHASH S/O KANHAIYALAL BAKLIWAL Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent of the parties. Shri A.M. Ghare, learned Counsel waives notice on behalf of the respondent No.1. and Shri P.R. Patil, learned Counsel waives notice on behalf of the respondent No.2.

(2.) By way of present petitioner, the petitioner challenges the order dated 13th June, 2007 vide which the application filed by the respondent No.2 for joining him as a party respondent in a suit filed by the present petitioner came to be allowed.

(3.) The petitioner has filed a suit for decree of permanent injunction restraining the defendant . Municipal Council, Washim from making any sort of construction or encroachment over the road owned and possessed by the plaintiff/petitioner in City Survey Nos.343 and 344 (now City Survey Nos.653 and 654). The said suit filed by the petitioner is only against the Municipal Council. On being noticed, a written statement was filed by the defendant/Municipal Council. The contention of the petitioner that the said road which is owned by the petitioner has been denied by the Municipal Council. It is the contention of the Municipal Council that the said road is included in the Development Plan of the Municipal Council. It is also the contention of the Municipal Council that the said road is in use by the public by the time immemorial and that the said road is a public road. the contention with regard to the provisions of Maharashtra Regional Town Planning Act is also raised by the Municipal Council.