High CourtsSingle Bench(2013) 10 P&H CK 0027

Ashwani Yadav vs Municipal Council and Others

Punjab And Haryana At Chandigarh · Decided on 10 October 2013

HON’BLE JUDGES
Paramjeet Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 6210 of 2013 (O and M)

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Judgment

4 paragraphs · 223 words

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for quashing the order dated 13.06.2013 passed by learned Additional Civil Judge (Senior Division), Rewari, whereby the application filed by the petitioner/plaintiff under Order 39 Rules 1 and 2 read with Section 151 CPC has been dismissed as also against the order dated 24.06.2013 passed by learned District Judge, Rewari, whereby the appeal preferred by the petitioner/plaintiff has also been dismissed. I have heard learned counsel for the petitioner and perused the record.

2.

Admittedly, the land in question pertains to the Municipal Council, Rewari and a letter Annexure P-2 has been issued by the Secretary, Municipal Council, Rewari, to the Deputy Commissioner, Rewari, for sale of the land adjoining the road to the owners of the houses in the Model Town. Learned courts below after taking into consideration the fact that petitioner has failed to show that he has prima facie case and irreparable loss will be caused to him if the injunction is not granted, dismissed the application.

3.

Once the petitioner is not the owner, he has not right for injunction. However, rights may accrue to the petitioner after the decision taken is by the authorities.

4.

In view of this, I do not find any illegality or perversity in the impugned orders. Dismissed.