The High Court Of Madhya Pradesh CR No. 140 of 2020 (DEEPAK GOYAL Vs MUNICIPAL CORPORATION THR. AND OTHERS)

Gwalior, Dated : 04-02-2022 Heard through Video Conferencing.

Shri K.S. Tomar, learned Senior counsel with Shri Sanjay Tomar, learned counsel for the petitioner.

Shri Rohit Bansal, learned counsel for the respondent no.1.

Shri Vivek Khedkar, learned counsel for the respondent no.6 to 9 and legal heirs of the respondent no.4.

This revision petition has been filed against the order dated 3.3.2020 passed in RCS No.28A/2016 by XVI Civil Judge Class II, Gwalior, whereby the application filed by the petitioner/plaintiff under Order 7 Rule 11 CPC has been dismissed.

The relevant facts for disposal of this revision are that the petitioner/plaintiff filed a civil suit initially against Municipal Corporation, Gwalior defendant no.1 and defendant no.2 to 5 (respondents no.2 to 5 herein) for declaration and injunction on the basis of easementary right. The defendants no.2 to 5 filed their written statement denying the averments of the plaint. During pendency of the civil suit, the defendants no.2 to 5 sold the property to the defendants no.6 to 8, who on their impleadment filed their written s