Final Order 1

Order Details: Notice of Motion
Pdf Text: 25.10.2021
37
CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
(C. R. No. 2)
SU 1480/2017
@ NM 253/2019
Adv Anushka Shreshtha for plff present.
Adv Navnath Tambade for deft no. 1 to 5 present.
Adv Mahesh Gupta for deft no. 6 present.
Heard Adv for plff and defts on NM 253/2019. It is for
providing police protection to remove material kept by deft
no. 1 to 5 in the suit premises.
Both parties are claiming that they are in possession of suit
premises. Adv for deft no. 1 to 5 denied that any materials
kept in suit premises.
Perused the Notice of Motion. Though it is mentioned in the
Notice of Motion that deft no. 1 to 5 kept some materials in
the suit premises.
However no description of the said materials is given in
affidavit of support of notice of motion. Plff filed on record
photographs in support of notice of motion. However from
photographs also it does not reveals that any material are
kept by deft no. 1 to 5.
Under the circumstances, blanket order cannot be granted to
provide police protection. At this stage, Adv for plff
submitted that she will file additional affidavit in support of
notice of motion. Present notice of motion is pending since
2019.
Under the circumstances, I do not find any substance in the
contention of Adv for plff.
Hence Notice of motion 253/2019 is dismissed and
disposed of.
Copy of draft NM tendered by deft no. 1 to 5 on 29/02/2020
is served to Adv for plff.
Adv for plff seeks time to file draft NM.
Deft no. 1 to 5 to register draft NM before next date.
Matter stands Adj for reply to draft NM to 10/12/2021.
Judge
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