MUNICIPAL COUNCIL, AMBALA CANTT Vs. A.K. JAIN

JUDGEMENT

(1.) MUNICIPAL Council, Ambala Cantt (hereinafter called "the petitioner") has filed the present Civil Revision and it has been directed against the order dated 16.10.2000, passed by the Court of Additional District Judge, Ambala, who, affirmed the order dated 24.7.2000, passed by the Court of Addl. Civil Judge (Senior Division) Ambala Cantt, who allowed the application of the respondent Shri Ashok Kumar under Section 39 Rules 1 and 2 C.P.C. and directed the petitioner that during the pendency of the suit the construction raised by the respondent-plaintiff on the property in question should not be demolished.

(2.) THE reasons given by the first appellate Court in dismissing the appeal of the petitioner are contained in para Nos. 7 to 11 of the impugned order, which are reproduced as under ;-

(3.) THE learned counsel for the petitioner has vehemently submitted that the resolution, which was passed by the Municipal Council, has already been suspended by the Deputy Commissioner and in these circumstances, the said resolution has no force. He further submitted that the resolution has been got managed by the plaintiff-respondent and such a resolution has no binding force. The learned counsel further submitted that the property vests in the State Government. The notice of resumption has already been issued to the plaintiff-respondent and in this view of the matter both the Courts have committed patent illegality in allowing the application.