Heard learned counsel for the petitioner. Order dictated in open Court. Case of the petitioner is that respondent No.2 purchased the property vide registered sale deed dated 10.1.2000 from its previous owner. He made construction of a Chabutra on the colony road on the area where the property is situated. It is further stated that construction is without permission from the Municipal Corporation, Gwalior and the same is liable to be removed under section 307 (5) of M.P. Municipal Corporation Act, 1956. Municipal Corporation did not submit its reply. However, respondent No.2 refuted the allegations made in the application. It was contended by respondent No.2 that he has not made any illegal construction. He also pleaded that there was 110 colony road as alleged by the petitioner. Learned trial Court after recording evidence dismissed the application with a finding that it is clear from the evidence that construction of Chabutra has not been made on the property of the petitioner. It has been further observed that the disputed construction is alleged to have been made on a public way and section 307 (5) of the aforesaid Act has no applicability.

The order is absolutely ill