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2019 Supreme(P&H) 2430

RAJ MOHAN SINGH
Ranbir Singh – Appellant
Versus
Municipal Corporation Rohtak – Respondent


Advocates Appeared:
Mr. Parveen Kaushik, Advocate, for the Appellant; Mr. Rajesh Goel, Mr. Pritam Singh, Advocates. Mr. Suryakant Gautam, Advocate, for the Respondent

JUDGMENT

Raj Mohan Singh, J. - Petitioner has preferred this revision petition against the order dated 25.05.2018 passed by the Addl. Civil Judge (Sr. Divn.) Rohtak, whereby the application under Order I, Rule 10 CPC for impleadment of respondents No.2 to 4 was allowed.

2. Plaintiff/petitioner filed a suit for permanent injunction with consequential relief of mandatory injunction against the Municipal Corporation, Rohtak. Plaintiff specifically pleaded in para No.4 of the plaint that he came to know from reliable sources that defendant in collusion with some inhabitants of Kamal Colony, Rohtak were adamant to dispossess the plaintiff from the suit property by converting the plot of the plaintiff in common passage.

3. In reply to the aforesaid para, defendant/Municipal Corporation denied the same, rather pleaded that the site in dispute is a street/common passage. The site plan was sanctioned in the year 2004, wherein it has been shown as a street sanctioned in the year 2004 and the street has been closed by way of encroachment made by the plaintiff.

4. The site plan sanctioned and produced by defendant-Municipal Corporation shows that the street leads to Delhi by pass. Houses of def

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