ROHEE K. J. , J.

( 1 ) HEARD the learned Counsel for the appellant, respondent No. 1 in person and the learned Counsel for respondent No. 2 in both the letters Patent Appeal.

( 2 ) THE appellant/original non applicant No. 2 preferred Letters Patent appeal No. 115 of 1996 against the judgment dated 5-9-1996 passed by the learned Single Judge in First Appeal No. 177 of 1984, by which M. C. A. No. 249 of 1983 was remanded to the District Court for fresh consideration and decision. Letters Patent Appeal No. 56 of 1998 has been preferred by the appellant against the order dated 23-3-1998 passed by the Single Judge in first Appeal No. 476 of 1997 directing that the First Appeal be heard with letters Patent Appeal No. 115 of 1996.

( 3 ) THE facts which are relevant for the purposes of the present appeal are that respondent No. I/original applicant preferred an application under section 286 (5) of the City of Nagpur Corporation Act, 1948 (hereinafter referred to as C. N. C. Act for brevity) for mandatory injunction against the appellant and respondent No. 2. The Corporation of City of Nagpur (hereinafter referred to as the corporation) for removal of unauthorised construction and f