MUNICIPAL COUNCIL REWARI Vs. LALIT KUMAR

JUDGEMENT

(1.) THIS Regular Second appeal by appellant/defendant -Municipal Council, is directed against judgment and decree dated August 19,2004 passed by Civil Judge (Junior Division),Rewari, whereby a suit filed by the respondents/plaintiffs for declaration and permanent injunction regarding quashing of the notice dated July 22,1999 issued by the defendant/appellant and for restraining the appellant/defendant from demolishing sun-shed in the house of the respondents/plaintiffs, was decreed. Thereafter, appeal filed by the appellant/defendant was dismissed with costs by learned Additional District Judge, Rewari, vide judgment and decree dated November 28,2006. Now the contention of learned counsel for the appellant/defendant is that the respondents/plaintiffs had raised construction of sun-shed in their house without getting site plan sanctioned in that behalf. But a perusal of the impugned judgments passed by the Courts below goes a long way to show that the appellant Municipal council after receiving payment of Rs. 500/- vide receipt No. 8/84 dated May 26,1999, as composite fee had regularised construction of said sun-shed in the house of the plaintiffs. The concurrent findings in this regard given by the Courts below are not perverse or unreasonable. More-so, learned counsel for the appellant also could not make out any substantial question of law for consideration by this Court. Hence, this appeal stands dismissed in limine.

(2.) SINCE no case is made out on merit, so, no order is required to be passed on the application for condonation of delay.