KANHAIYALAL Vs. NAGAR PALIKA NIGAM AND KHANDWA

JUDGEMENT

(1.) THE plaintiffs/petitioners filed a suit for declaration and permanent injunction against respondent No. I/municipal Corporation, Khandwa. It was alleged by them that they had constructed their house after obtaining permission from respondent No. 1/corporation. According to them, the construction of their house was completed in the year 1988, and that they are residing therein from the year 1989. However, the respondent No. 1/corporation intends to demolish the construction made by them on the ostensible ground that the construction was illegally made and was not as per terms of permission for construction. Hence, it was prayed that the defendant/respondent No. 1 be restrained from demolishing the construction raised by plaintiffs/petitioners.

(2.) THE defendant/respondent No. 1 denied the above averments. It was denied that the construction was made after obtaining permission or that it was completed in the year 1988. It was alleged that the construction was illegal and that the respondent No. 1 Corporation was entitled to take action and to demolish the same.

(3.) DURING pendency of the suit an application under Order 1 Rule 10 of CPC, was filed by the present respondent No. 2, stating that the plaintiffs/ petitioners are proceeding with the construction which is causing inconvenience to him and that the said construction is against the Rules of the Municipal Corporation, and is being carried out illegally. He therefore, prayed that he be impleaded as party.