MUNICIPAL COUNCIL MANDLESHWAR Vs. RAMESH MANGILAL FAGNA

JUDGEMENT

(1.) PETTY politicking in Nagar Palika has dragged a poor Pan wala to the Court seeking protection against imminent uprootment of his 'gumati' quick in action the Nagar Palika has removed the Gumati, before the Court could come to his rescue, thus left in bewilderment on the street, the Panwala in his bid, succeeded in obtaining an order of restoration of 'gumati' to its original place, feeling more humbled than aggrieved, the nagar Palika has come in revision against the order of restoration.

(2.) THIS revision petition, preferred by the Municipal Council, Mand-leshwar, is against the order dated 5-3-1984, passed by the Civil Judge, class II, Mandleshwar, in Civil Suit No, 9a of 1984, thereby directing the petitioner-defendant to restore the plaintiff-respondent's 'gumati' to its position and place as it was obtaining at 11. 00 a. m. on 22-2-1984. It is this mandatory injunction granted by the trial Court, which has been made the subject-matter of challenge in this revision petition. '

(3.) THE moot question, which arises for consideration in this revision petition is whether in exercise of its revisional jurisdiction can this Court interfere in the discretionary order passed by the trial Court, taking into account all the prevailing attending circumstances ?