JUDGMENT :- Petitioner before this Court is Municipal Council, a local authority constituted under the provisions of Maharashtra Municipalities, Nagar Panchayats and Industrial Townships Act, 1965 (referred to as Municipal Act hereafter) for municipal administration of Pusad town in Yavatmal district. Respondents 1 to 3 before this Court are occupiers of temporary structures which petitioner wanted to remove as encroachment for undertaking the earmarked development work of road widening and erection of a shopping centre. Accordingly on 5th Oct. 2005 it served notices upon them under section 181 of Municipal Act and called upon them to remove encroachment. Respondents challenged said notices by filing Regular Civil Suit 150/2005 and in said Civil Suit they sought temporary injunction. Second Joint Civil Judge Junior Division at Pusad rejected that prayer on 18-10-2005 and this rejection was challenged by them in Misc. Civil Appeal 26/2005 under Order 43, Rule 1 of Civil Procedure Code. Additional District Judge, Pusad by judgment dated 29-10-2005 allowed that Appeal and directed expeditious disposal of Civil Suit while protecting possession of respondents. Municipal Council has ques

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