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1996 Supreme(MP) 492

S.C.PANDEY
Municipal Corporation – Appellant
Versus
Chambal Trading Pvt. Ltd. – Respondent


ORDER

S.C. Pandey, J.

1. This is an appeal under Order XLIII, Rule 1(r) of the Code of Civil Procedure against the order dated 14-12-1993 passed by VII Additional District Judge, Bhopal, in Civil Suit No. 57-A of 1993.

2. The respondent No. 1 is a private company. It is owner of Khasra No. 141/87/1/1 and Khasra No. 150/87/1/1. It is also in possession of the land comprised in the aforesaid Khasras. The possession of the temporary constructions on the aforesaid pieces of land are not in dispute. The respondent No. 2 similarly, owns and possesses Khasra No. 147/87/1/1 and Khasra No. 150/87/1/1 and also controls the temporary constructions standing on these lands. The respondents were permitted to construct a boundary wall around these four structures on their lands on 10-6-1987.

3. The respondents pleaded on 16-7-1983 that they filed applications and other documents in the office of the appellant along with maps but the officers/servants of the appellant refused to take these applications. Thereupon respondents were forced to send these applications along with maps and other relevant documents for sanction of the constructions of the buildings by registered post on 31-7-1993. The respond






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