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2002 Supreme(P&H) 336

AMAR BIR SINGH GILL
Nand Kishore – Appellant
Versus
Ram Dev – Respondent


Advocates Appeared:
For the Petitioner:Sh. B.D. Sharma, Advocate.
For the Respondent:Sh. Rakesh Gupta, Advocate.

JUDGMENT

Amar Bir Singh Gill, J. - This revision petition is against order dated 28.02.1995 passed by Sub Judge Ist Class, Mansa, declining the consolidation of two suits pending before him.

2. The controversy, in brief, is that the petitioner had filed a civil suit for mandatory injunction for directing respondents No. 1 and 2 to demolish and remove encroachment made by them on 13.4.1993 on a public place thereby obstructing a thoroughfare which is part of big chowk and that the respondents have nothing to do with the suit land. The said encroachment was made illegally without any title inspite of the fact that the Municipal Committee had rejected the sanctioning of the site plan. Respondents No. 1 and 2 likewise filed a Civil suit No. 108 of 1993 titled Ram Dev v. Municipal Committee, Mansa, for a permanent injunction restraining the Municipal Committee and its President, respondents No. 3 and 4, from demolishing the alleged encroachment on the disputed land claiming themselves to be the owners of the said site. The present petitioner filed an application under Order 1 Rule 10 and Section 151 of the Code of Civil Procedure in Civil Suit No. 108 of 1993 for impleading him as a defe









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