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1987 Supreme(Raj) 252

I.S.ISRANI
Girdhari Lal – Appellant
Versus
Nagar Parishad – Respondent


Advocates Appeared:
D.K. Soral, for Petitioner; A.S. Chaturvedi, for Non-petitioners

INDER SEN ISRANI, J.—This is revision petition under Section 115 C. P. C. against the order dated 22.10.1981 passed by the learned Munsiff and Judicial Magistrate, Bharatpur in Civil Suit No. 36/81 accepting the application of the non-petitioner No. 2 for impleading him as defendant in the suit.

2. The plaintiff-petitioner filed a suit for issue of perpetual mandatory injunction against the Municipality, Bharatpur alleging theiein that there was a Shankar Vyayam Shalla owned and possessed by him since the time of his ances-trals, in which the parvati, Shivji, Bheruji, Hanumanji are situated. The municipality Bharatpur built a urinal in the portion of Vyayam Shalla apart from this, the municipality Bharatpur gave a notice to the petitioner dated 21-1-81 asking him to demolish the room and chappar which stand in the Vyayam Shalla contending that the land belongs to the Municipality. Therefore, it was prayed in the suit that a perpetual injunction restraining the Municipality not to demolish the Construction standing on the land be issued. It was further prayed that a mandatory injunction be issued directing the Municipality to demolish the urinal. An application was filed by the non-p







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