SITARAM Vs. MUNICIPAL COUNCILE, KASBA CHARKHI DADRI

JUDGEMENT

(1.) Then plaintiff Sitaram filed against Municipal Council and others a suit for permanent injunction restraining defendants from interfering, dispossessing the plaintiff and creating any obstacle in the use of property measuring 53 square yards and 12 inches detailed in the head note of the plaint accompanied by the site plan and further sought to challenge notice No.53/B.l dated 28.07.2017 issued by the Municipal Council asking the plaintiff to demolish construction thereon.

(2.) It was during the course of pendency of the suit an application was moved by the Municipal Council for appointment of Local Commissioner to enable the Court to have correct assessment of the situation at the site and ensure demarcation of the property if it falls within the ownership of the plaintiff or the Municipal Council. The Court vide impugned orders dated 04.09.2019 allowed the application. The same is subject matter of challenge in this revision.

(3.) Upon hearing Mr. Sushil Sheoran, Advocate for the petitioner; Mr. Deepak Manchanda, Advocate for the respondents and perusing the records of the case.