MUNICIPAL BOARD, DUNGARPUR Vs. DHANPAL

JUDGEMENT

(1.) HEARD learned counsel for the parties. This appeal has been preferred by the Municipal Board, Dungarpur aggrieved by the order dated 18.07.2011 passed by the Additional District Judge (Fast Track), Dungarpur, whereby, while deciding application under Order 39 Rule 1 and 2 read with Section 151 CPC the trial court directed the appellant by way of mandatory injunction to allot the shops by way of lottery to the plaintiffs based on its original resolution within a period of two months.

(2.) WHEN this appeal came up before this Court vide interim order dated 26.09.2011 it was ordered as under:-

(3.) IN view of the fact that by way of interim order this Court while staying the operation of the impugned order dated 18.07.2011 directed the Municipal Board to make allotments and such allotments have in fact been made, it is deemed just and proper and, as such, ordered that as already directed by the order dated 26.09.2011, the payment made by the plaintiffs shall remain subject to the final decision of the suit and, if ultimately the plaintiffs succeed in suit filed by them, the amount of Rs.1,00,000.00 paid by them shall be adjusted towards their future monthly rent. It goes without saying that the trial court shall proceed with the suit without being influenced by the order dated 18.07.2011 passed by it as well as the order dated 26.09.2011 and this order passed today by this Court. With these observations and conditions the appeal stands disposed of.