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1996 Supreme(MP) 490

S.C.PANDEY
Municipal Corporation, Bhopal – Appellant
Versus
Chambal Trading Private Limited – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Prashant Singh, Advocate
For Respondents/Defendant:Mr. Mohd. Ali, Advocate

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 Khsra 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 10.6.87.

3. The respondents pleaded on 16.7.83 that they filed applications and other documents in the office of the appellant alongwith maps but the officers / servants of the appellant refused to take these applications. Thereupon respondents were forced to send these applications alongwith maps and other relevant documents for sanction of the constructions of the buildings by registered post on 31.7.93. The respondent clai







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