Final Order 1

Order Details: Other
Pdf Text: Dt:28.01.2025
Sr. No. 42
SU 2881/2016
NM 720/2019
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mahamuni for the plaintiffs is present. Adv. Mr. Swapnil
Bharti for defendant No. 1 /MCGM is present and sought time to
file reply. Sufficient time is already granted. Hence, this request is
discarded. The NM is proceeded without his reply. He submitted
that relief sought in this NM can not be considered in the present
suit and therefore, it is liable to be dismissed. None for defendant
No.2 present. Heard both the sides on NM. The matter is kept
back.
Later on at 5.30. pm.
None of the parties are present.
Order below Exhibit 12 :
01. Perused the application, say and record. Also gone through
Ch/s. No. 369/2019 (disposed off). It seems that by this Ch/s., the
plaintiffs wanted to incorporate para Nos. 25(b), (c) and (d) in the
plaint. However, the plaint is already bearing para Nos. 25 (A) and
(B). Therefore, the proposed amendments by Ch/s No. 369/2019
ought to have been incorporated as para Nos. 25 (C), (D) and (E).
This Ch/s. is already made absolute by this Court. Hence, to avoid
further delay, the plaintiffs are allowed to amend the plaint in view
of the said Ch/s., by incorporating the proposed paras at Serial No.
Nos. 25 (C), (D) and (E). The application (Exhibit 12) is disposed
off accordingly.
The following Order is passed on NM No. 720/2019 :
01. Considering the rival stands, at the outset, it is to be noted
that in view of this suit, the plaintiffs prayed for a declaration that
the alleged threats of demolition as per the notice dtd. 30.11.2016
are bad in law and for perpetual injunction, to restrain defendant
No.1 to demolish the notice structure. Now, by this NM, they asked
for mandatory injunction, directing the Office of defendant No.1 to
decide their application dtd. 01.09.2016, placed at Exhibit K of the
plaint for commercial assessment of the suit rooms. Needless to say
-- 1 of 2 --
that defendant No.1, being the Statutory Body, can not be directed
to favorably consider this application for the plaintiffs and hence,
this relief can not be considered in the present NM. More so, scope
of the suit is limited and therefore, this relief falls beyond purview
of this suit. In the circumstances, the present NM, being devoid of
substances, needs to be dismissed. Hence the Order:
1. Notice of Motion No. 720/2019 stands dismissed.
2. Notice of Motion No. 720/2019 is, accordingly, disposed off.
Adjourned for compliance to 13-03-2025.
Judge
-- 2 of 2 --