2013 Supreme(Raj) 1874
VINEET KOTHARI
Chhoga Lal – Appellant
Versus
Executive Officer, Nagar Palika, Sumerpur – Respondent
Advocates:
For the Petitioner:Narpat S. Rajpuorhit, Advocate.
JUDGMENT
1. - The petitioner is aggrieved by the impugned order dated 20.06.2011 passed by the Deputy Director, Local Self Department Jodhpur in Appeal No. 15/2012, whereby the said appellate authority has dismissed his stay application filed in the aforesaid appeal against grant of permission to raise construction in favour of private respondent No. 2- Smt. Lata W/o Ramesh Solanki.
2. Mr. Narpat Singh Rajputohit, learned counsel for the petitioner urged that earlier the said appellate authority had granted interim stay order in his favour on 24.08.2012 (Annex.9), which upon a review application filed by the private respondent No. 2, was also affirmed on 17.05.2013. The matter thereafter was fixed on 20.06.2013 for perusal of the progress report of the civil suit instituted by the petitioner along-with an application seeking temporary injunction before the learned Civil Judge (Sr. Division), Sumerpur. On 20.06.2013, the learned appellate authority found that no temporary injunction has been granted by the trial court in Civil Original Suit No. 35/12 and, therefore, it felt inclined to reject the stay application filed by the present petition before it.
3. The appeal is admittedly pen
Click Here to Read the rest of this document