MUNICIPAL COUNCIL Vs. BAL MUKAND

JUDGEMENT

(1.) This Civil Writ Petition has been preferred claiming for the following reliefs:-

(2.) Brief facts of the case as placed before this Court by the learned counsel for the petitioner are that the respondent-plaintiff preferred a suit for permanent injunction, registered as 18/2001, before the learned Trial Court with regard to property (bunch of shops) situated at Ward No. 27 near Animal Hospital, Bhilwara praying that the Municipal Council, Bhilwara shall not interfere without due process of law in their peaceful possession of the land in question. And that, during the course of trial, an application under Order 7 Rule 14 CPC was preferred by the respondentplaintiff for taking family settlement as evidence on the record, which came to be allowed by the learned Court below vide the impugned order dtd. 1/3/2014 (at Annex.4)

(3.) Learned counsel for the petitioner assails the impugned order on two grounds; that under Sec. 271 of the Rajasthan Municipalities Act, 1959 as well as under Sec. 304 of the Rajasthan Municipalities Act, 2009, two months notice is mandatory for filing a suit, and that the family settlement was incorrectly taken on the record by the learned Court below despite the same being an unregistered and unstamped document. For the sake of brevity, the said Ss. are reproduced hereunder:-