Harish Bhagtani And ANR. v. Municipal Corporation Kharsia

HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No. 585 of 2015

1. Harish Bhagtani, S/o Gurudas Mal Bhagtani, Aged About 34 Years,

2. Rajkumar Bhagtani, S/o Gurudas Mal Bhagtani, Aged About 34 Years, All R/o. - Sindhi Colony Road, Kharsia, Tahsil- Kharsia, District- Raigarh, Chhattisgarh ----Appellants

Versus

Municipal Corporation Kharsia , Through: Chief Municipal Officer, Kharsia, TahsilKharsia, District- Raigarh, Chhattisgarh ---- Respondent 27/04/2016 Shri Abhishek Saraf, counsel for the appellants. Shri Sudeep Agrawal, counsel for the respondent. Suit was filed simplicitor for injunction against demolition and the plaintiffs/appellants may not be dispossessed from the suit premises.

Learned counsel for the respondent submits that as per instruction suit shops have been demolished and possession has been taken over.

In view of the submission made that the shops have been demolished, the appeal becomes infructuous as perusal of the plaint shows only suit simplicitor for injunction was filed.

Accordingly, the second appeal is dismissed as having become infructuous.

Sd/- (Goutam Bhaduri) gouri JUDGE