OM PARKASH Vs. MUNICIPAL CORPORATION, FARIDABAD

JUDGEMENT

(1.) The present revision petition under Article 227 of the Constitution of India has been preferred by the defendant-petitioners challenging the impugned order dtd. 20/5/2019 passed by the Civil Judge (Junior Division), Faridabad dismissing the application filed by them under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint filed by the plaintiff-respondent in a suit titled Municipal Corporation, Faridabad Vs. Om Parkash and Others.

(2.) The Assistant Collector 1st Grade, Ballabgarh vide order dtd. 28/3/2008 did not sanction the mutation in favour of the defendant-petitioners.

(3.) The plaintiff-respondent herein thereafter filed the present civil suit for declaration with consequential relief of permanent injunction stating therein that the defendant-petitioners herein are illegally and unlawfully trying to encroach and construct over the land in dispute. In para 13 of the plaint (Annexure P-7) it was stated as under :