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2021 Supreme(MP) 182

SUBODH ABHYANKAR
Sapna – Appellant
Versus
Indore Municipal Corporation – Respondent


Advocates Appeared:
For the Appellant : Vishal Baheti, Learned Counsel.
For the Respondents: Shashank Shrivastava, Learned Counsel.

ORDER :

Subodh Abhyankar, J.

1. The petitioner has filed the present petition under Article 227 of the Constitution of India, assailing the order dated 27.11.2020 passed by the 28th Additional District Judge in RCSA No. 727/2020, whereby the learned Judge, on his own appointed a local commission to inspect the property in question and to submit a report to any Engineer of the Indore Development Authority.

2. Brief facts of the case are that the petitioner/plaintiff has filed a civil suit for declaration and permanent injunction against the respondents/Indore Municipal Corporation on the ground that the petitioner is the owner of the property in question and purchased through a registered sale deed and for construction of the building on the said land, a permission was also granted to the petitioner by the respondents on 18.1.2019, however, the same was revoked by the respondent No. 2 vide order dated 14.10.2020. The said order has been challenged by filing the civil suit and declaration is sought that the order is null and void with further relief of permanent injunction restraining the respondents from interfering with the construction raised by the petitioner.

3. In the aforesaid civ

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