MUNICIPAL CORPORATION Vs. COL ANIL KAK

JUDGEMENT

(1.) BEING aggrieved by order dated 21 -3 -2002 passed by XIIth ADJ, Indore in Civil Miscellaneous Appeal No. 40/2001, arising out of the order passed on an injunction application filed by the plaintiff, by which the Trial Court granted injunction on 16,000 sq. ft. and in appeal by impugned order the Lower Appellate Court granted injunction on the entire construction, the Municipal Corporation initially had preferred a Civil Revision under Section 115, CPC, which has now been converted into a writ petition under Article 227 of the Constitution by order 12 -5 -2003.

(2.) THE following facts of case are not disputed, as per the synopsis jointly submitted by the learned Counsel for the parties : - -

(3.) AGAINST this Appellate order, the Municipal Corporation, In -dore has preferred this writ petition under Article 227 of the Constitution of India.