Final Order 1

Order Details: Other
Pdf Text: 02.05.2023
Sr. No. 74
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 118/18
NM 209/18
Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Mrs. Smita Chavan h/f Adv. Giri for defendant/MCGM is
present.
KB LO at 05:00 pm.
The following Order is passed on NM No. 209/2018:
: O R D E R :
01. Having considered the rival submissions and the record, at
the outset, it is clear that till date, the defendant did not issue any
notice as against the suit premises, proposing to demolish the same
as is being apprehended by the plaintiff. It seems that this was the
position even at while filing of this suit and the NM. It appears that
on 09.01.2018 at 11:30 AM, the officers from defendant visited the
suit premises and allegedly threatened to demolish the same. This
was the cause of action for plaintiff to file this suit. However, at this
interim stage, he couldn't substantiate the alleged threats and even
the fact that at any point of time, the defendant acted in defiance of
law. This being the position, granting of interim relief, as asked for,
would be unjust and it may create the situation of chaos. Specially
when, the defendant is certainly bound to follow the due process of
law before initiating an action against the suit premises. Hence, the
Order:
: O R D E R :
(i). Notice of Motion No. 209/2018 stands dismissed.
(ii). Notice of Motion No. 209/2018 is, accordingly, disposed
of.
Adjourned for R/E (No WS) to 28.06.2023.
Judge
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