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1984 Supreme(MP) 547

V.D.GYANI
MUNICIPAL COUNCIL MANDLESHWAR – Appellant
Versus
RAMESH MANGILAL FAGNA – Respondent


Advocates Appeared:
C.S.CHHAZED,

JUDGMENT :

( 1. ) PETTY politicking in Nagar Palika has dragged a poor Pan wala to the Court seeking protection against imminent uprootment of his gumati quick in action the Nagar Palika has removed the Gumati, before the Court could come to his rescue, thus left in bewilderment on the street, the Panwala in his bid, succeeded in obtaining an order of restoration of gumati to its original place, feeling more humbled than aggrieved, the nagar Palika has come in revision against the order of restoration.

( 2. ) THIS revision petition, preferred by the Municipal Council, Mand-leshwar, is against the order dated 5-3-1984, passed by the Civil Judge, class II, Mandleshwar, in Civil Suit No, 9a of 1984, thereby directing the petitioner-defendant to restore the plaintiff-respondents gumati to its position and place as it was obtaining at 11. 00 a. m. on 22-2-1984. It is this mandatory injunction granted by the trial Court, which has been made the subject-matter of challenge in this revision petition.

( 3. ) THE moot question, which arises for consideration in this revision petition is whether in exercise of its revisional jurisdiction can this Court interfere in the discretionary order passe














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