M. C. Hisar vs Saroop Singh - 2023 Supreme(P&H) 2131

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 2131

HARKESH MANUJA
M. C. Hisar – Appellant
Versus
Saroop Singh – Respondent

Advocates Appeared:
Mr. Pritam Singh Saini, Advocate; For the Appellant
None; For the Respondent

Table of Content
1. case background and lower court rulings. (Para 1 , 2 , 3 , 4)
2. arguments of the appellant regarding the notices. (Para 5 , 6)
3. court's observations on notice vagueness. (Para 7 , 8 , 9)
4. direction to appellant regarding future actions. (Para 10)
5. final dismissal of the appeal. (Para 11 , 12)

JUDGMENT

Mr. Harkesh Manuja, J. (Oral)

By way of present appeal, challenge has been laid to the judgment and decree dated 09.05.1992 passed by the Court of Additional District Judge, Hisar, whereby, the judgment and decree dated 12.08.1988 passed by the trial Court, dismissing the suit for permanent injunction filed at the instance of respondent/plaintiff was reversed.

2. Briefly stating, respondent/plaintiff by way of filing a suit for permanent injunction assailed the notice dated 12.06.1982 & 19.08.1982 issued by the appellant-defendant in exercise of its power under Section 235 /237 of HARYANA MUNICIPAL ACT , 1973 (hereinafter referred to as "1973 Act"). In the present case, the case set up by the respondent/plaintiff was that notices issued to him alleging illegal construction were vague as the same did not provide any description of the shop or the construction and in

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