JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Width and amplitude of jurisdiction of the District Judge in terms of Section 286 (5) of the City of Nagpur Corporation Act, 1948 (for short “the Act”) is in question in these appeals which arise out of judgments and orders dated 24.09.2004 and 6.04.2005 passed by the High Court of Judicature at Bombay, Nagpur Bench.

3. The dispute between the parties herein arose due to refusal to grant sanction of a building plan filed by respondent No. 2. Appellant is his neighbour. Appellant is owner of a house bearing No. 585 and respondent No. 2 is owner of a neighbouring house bearing No. 586.

4. A part of the land on which the constructions were said to have been raised by respondent No. 2 belonged to the Corporation of City of Nagpur (for short “the Corporation”) itself. Respondent No. 2 and his predecessors, however, are said to be in possession thereof for a long time and acquired an indefeasible title thereto.

5. Respondent No. 2 allegedly had submitted a plan for construction of a building. It was not approved within a period of sixty days. On the premise that the said plan would be deemed to have been sanctioned, he raised constructions.