DEV RAJ MEHTA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE present second appeal filed by Dev Raj Mehta since expired on 02.06.2003 during pendency of this appeal and now represented by his legal representatives Smt. Raj Kumari Mehta and others, arises out of the judgment and decree of the first Appellate Court of Additional District Judge No. 3, Jodhpur dated 15.04.1996 allowing the appeal of the respondent Municipal Corporation, Jodhpur namely Appeal No. 8/1996: Municipal Corporation, Jodhpur Vs. Dev Raj s/o Daulat Raj in the present suit for injunction filed by plaintiff Dev Raj Mehta, which suit No. 444/1993: Dev Raj s/o Daulat Raj vs. Municipal Corporation, Jodhpur was decreed by the learned trial Court of Additional Civil Judge (Jr. Division) and Judicial Magistrate, First Class, No. 1 Jodhpur on 15.12.1995.

(2.) THE facts leading to the present second appeal under Section 100 CPC in a nutshell are as under: -

(3.) THE learned trial Court decreed the suit on 15.12.1995 by returning the following findings of facts which are quoted below for ready reference: -