Municipal Board, Chittorgarh Th. ... vs Rajmohan
2021 Latest Caselaw 12138 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Second Appeal No. 236/2015

Municipal Board, Chittorgarh through Commissioner, Municipal Board, Chittorgarh, Rajasthan.

----Appellant Versus Rajmohan S/o Manmohan Mehta (Jain), R/o Nagar Palika Colony, Chittorgarh.

----Respondent

For Appellant(s) : Dr. Pratishtha Dave. For Respondent(s) : Mr. Jaideep Saluja for Mr. Manish Shishodia.

HON'BLE MR. JUSTICE ARUN BHANSALI

Judgment

03/08/2021

This appeal is directed against the judgment & decree dated

07.09.2012 passed by the Civil Judge (Jr.Div.), Chittorgarh and

the judgment & decree dated 12.03.2015 passed by the Additional

District Judge No.3, Chittorgarh, whereby the suit filed by the

respondent for permanent injunction has been decreed and the

appeal filed by the appellant has been rejected.

The respondent filed a suit seeking permanent injunction,

wherein after trial, the trial court ordered that the construction

raised by the plaintiff on the plot in question alongwith boundary

wall be not demolished. The appellate court upheld the said

judgment.

The appeal is pending since 2015 and has so far not been

admitted.

(2 of 2) [CSA-236/2015]

An application has been filed by the respondent under

Section 151 CPC, inter-alia, indicating that the appellant -

Municipal Board was claiming the Northern side road of the plot at

30 ft. instead of 20 ft., based on which, the suit was filed and the

same was decreed against the Municipal Board.

During the pendency of the appeal, the respondent filed an

application seeking permission to raise construction over the suit

property, which permission has been granted and construction has

been completed.

Alongwith the application, copy of the construction

permission as well as approved map has been placed on record.

Based on the above development, it is submitted that as the

Municipal Board itself has granted construction permission and the

same has been acted upon, the appeal has been rendered

infructuous.

Learned counsel for the appellant is not in a position to

dispute the grant of permission by the appellant - Municipal Board.

In the circumstances of the case, wherein the suit of the

respondent-plaintiff already stands decreed, the appeal filed by

the Municipal Board dismissed by the appellate court, there was

no injunction granted by this Court and now the appellant itself

has accepted the position as projected by the plaintiff, the appeal

apparently has been rendered infructuous.

In view thereof, the application filed by the respondent is

allowed.

The appeal is dismissed as having become infructuous.

(ARUN BHANSALI),J

77-Rmathur/-

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