JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are filed against the final judgment and order dated 28.08.2018 in Special Appeal No.25 of 2015 and order dated 07.09.2018 in Review Application MCC No.1193 of 2018 in Special Appeal No.25 of 2015 passed by the High Court of Uttarakhand at Nainital whereby the High Court dismissed the special appeal and the Review Application filed by the appellant herein.

3. In order to appreciate the short controversy involved in these appeals, few facts need to be mentioned hereinbelow.

4. Respondent Nos.3 and 4 are the Nagar Palika Parishad, Nainital (hereinafter referred to as “the Nagar Palika”). In 1990, the Nagar Palika issued an advertisement to auction their residential quarter Nos.6 and 7 situated at Waverly Compound (Gopala Sadan) Mallital, Naintal. So far as this case is concerned, it relates to quarter No. 6.

5. The appellant herein claimed to be one of the participants in the auction proceedings and also the highest bidder. The appellant claimed that he occupied quarter No.6 and started living therein since June 1990. The appellant complained that in the year 2001 (18.07.2001), the Nagar Palika instead of executing the s