1. This appeal is filed by the appellant/Nagpur Improvement Trust (Original Defendant) (hereinafter for brevity referred to as “ the NIT”), against the Judgment and Order, dated 16.1.2006 passed by the 3rd Additional District Judge, Nagpur in Regular Civil Appeal No. 111 of 1999, which was disposed of on the ground that it became infructuous. The said appeal arose from the Judgment and Order, dated 19.12.1998 passed by the Joint Civil Judge(J.D.), Nagpur in Regular Civil Suit No.1699 of 1996. The suit was decreed for declaration that the notice No. DO (West) 251, dated 18.6.1996 and notice No.DO (west) 252, dated 4.7.1996 issued by the defendants to the plaintiff are illegal, null and void.

2. Brief facts are:

That the respondent/plaintiff claimed that he is owner of the ground floor of the two storied house no. 569, Nazul plot no.106/5, City Survey no. 405/1 in ward no.3, Joshiwadi, Sitabuldi, Nagpur. The plaintiff also claimed that he was in possession of the first floor and one room situated on the second floor. The respondent (Original plaintiff) had filed the suit for declaration and permanent injunction against the then Planning Authority/the NIT challenging the notic