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2014 Supreme(MP) 276

A.K.SHARMA
Dharnidhar Sharma – Appellant
Versus
Nagar Nigam, Bhopal – Respondent


Advocates:
Shashank Verma for appellant.

ORDER

1. This second appeal has been filed by the appellant/plaintiff under section 100 of CPC against the judgment and decree dated 21.4.2010 passed by learned 4th Additional District Judge, Bhopal (M.P.) in regular Civil Appeal No.17-A/2008, confirming the judgment and decree dated 29.3.2008 passed by learned 5th Additional Civil Judge to the Court of First Civil Judge Class-1, Bhopal (M.P.) in Civil Suit No.118-A/2007.

2. The appellant/plaintiff has filed the suit for permanent injunction restraining the respondent/defendant from demolishing the house situated on Plot No.14, Barrack No.7, C.T.O. Bairagarh, Bhopal (M.P.).

3. Learned counsel for the appellant submitted that plaintiff has constructed the house over property given to him by society and he has also paid taxes to the Municipal Corporation.

4. On perusal of impugned judgment it is undisputed that the plaintiff has not obtained any written permission for construction of the house although he has deposited property tax etc. The plaintiff has not produced any document of title and Municipal Corporation has given notices under section 302(1) and 307(2) of the Municipal Corporation Act (Ex.P-23 and Ex.P-24) and Ex.D-4 and D-5.

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