UTTAM KUMAR JAIN Vs. SUNIL ACHARYA & ANR.

JUDGEMENT

(1.) The present Revision Petition has been filed by the defendant/petitioner, Uttam Kumar, aggrieved by the Order dated 16.4.2014 passed by learned Trial Court of Civil Judge (Junior Division) Bagidora, District-Banswara (Shri Shiv Kumar), granting leave to plaintiffs/respondents, namely, Mr. Sunil Acharya, Advocate and Sh. Sunil Harijan, to institute suit under Section, 91 of the Civil Procedure Code, 1908 (for short, hereinafter referred to as 'C.P.C.').

(2.) The suit was instituted by the respondents/plaintiffs on the ground that the 'defendant/petitioner had raised construction of a building comprising residential flats on his own plot of land at Banswara, even, though after obtaining due permission from the concerned authority, i.e. the Municipal Council, Banswara, in accordance with Section 194 of the Rajasthan Municipalities Act, 2009 (Act 2009) but, it was not only causing public nuisance but was also a wrongful act having adverse effect on the plaintiffs/respondents, and therefore, a leaver institute such representative suit was sought by the plaintiffs in accordance wit Section 91 of the C.P.C., which came to be allowed by the learned Trial Court vide the impugned order.

(3.) Aggrieved by the same, the defendant/petitioner has approached this Com by way of present Revision Petition, in which while issuing notices to the respondents, a Co-ordinate Bench of this Court had stayed the effect and operation of the impugned Order dated 16.4.2014 passed by the learned civil Judge on 15.5.2014. Thereafter, the case came up for admission before this Co; today.