PARVEEN KUMAR AND ORS. Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 23.11.2010 of the lower court vide which suit of the plaintiffs appellants herein, against the defendant respondent herein, for seeking a decree of injunction against the Municipal Council for restraining it from interfering in any manner in the construction already made or being raised by the plaintiffs as also against demolition of the construction existing at the site (as per site plan submitted to the defendant Municipal Committee on 16.10.2006 in respect of the plot owned by the plaintiffs at Sangrur as per details given in the sale deed of 3.11.2003 (Mark B) and of 25.3.2004 (Mark C) as is also reflected in the site plans Mark D and Mark E, was dismissed. The judgment and decree of the first appellate court of 2.12.2011 vide which judgment and decree of the lower court was affirmed, are also under challenge in this appeal.

(2.) BEFORE embarking upon the matter in controversy between the parties, the facts about which there is no dispute are being detailed and described as under:

(3.) ON the pleadings of the parties, following issues were framed by the lower court: