LAWS(MPH)-2019-2-203

TRYAMBAK CHINTAMAN PATHAK Vs. STATE OF M.P.

Decided On February 25, 2019
Tryambak Chintaman Pathak Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 18/1/2019 passed by Fourth Additional District Judge, Gwalior in Civil Suit No.85A/2010, by which the application filed by the petitioner under Section 151 CPC has been rejected.

(2.) The necessary facts for disposal of the present petition in short are that action was initiated by Municipal Corporation for removal of encroachment. The petitioner had filed a writ petition before this Court, which was registered as Writ Petition No.2133/2010 challenging action of the respondents. The said writ petition was finally decided by this Court by order dated 15/7/2010 with the following observations:-

(3.) Thereafter, another writ petition was filed by the petitioner, which was registered as Writ Petition No.7202/2010, complaining that he had filed a suit for declaration of his title and the trial court by order dated 23/11/2010 has rejected his application filed under Order XXVI Rule 9 CPC for demarcation of land. The said writ petition was finally disposed of by this Court by order dated 16/11/2015 with the following observations:-