Final Order 1

Order Details: Other
Pdf Text: 19.10.2023
Sr. No. 46
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1474/16
NM 586/18
Son of the plaintiff is present in person.
Adv. Mr. S.B. Sharma for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.1/
MCGM is present. Rest of the defendants are absent.
LO at 5.00 p.m.
The appearance is as above.
The following Order is passed after hearing the parties on NM
No. 586/2018.
-: O R D E R :-
01. By filing this NM, the plaintiff prayed for directing defendant
No.1 to initiate action against the illegal constructions in respect of
the suit premises. The record reveals that these defendants did not
contest this NM and it is proceeded without their reply. Be that as it
may, the record, more particularly list of documents Exh.6, filed by
defendant No.1, goes to show that on 23.03.2017, he inspected the
suit premises and found the on-going illegal constriction. Hence, he
also issued the notice dtd.23.03.2017, vide Section 351 of the MMC
Act, against this plaintiff and defendant No.2. Moreover, it appears
that as they did not reply the said notice, the Speaking Order came
to be passed on 10.10.2022 and they were directed to remove the
said constriction i.e. existing G+1 floor structure. In this way, it is
clear that defendant No.1 already initialed required action against
the said structure. However, though the plaintiff tried to justify his
stand in written submission on this NM, the plaint averments are
silent as regard the said action taken by defendant No.1. Thus, it is
clarified that he didn’t disclose all the facts and hasn’t come before
this Court with clean hands. In this circumstances, he is not entitled
for any equitable relief like injunction. He couldn’t present a prima
facie case in his favour nor balance of convenience tilts his side. In
-- 1 of 2 --
the result, this NM is to be dismissed as per the following Order :
01. Notice of Motion No. 586/2018 stands dismissed.
02. Notice of Motion No. 586/2018 is, accordingly, disposed of.
Adjourned for RE (No WS) to 02.12.2023.
Judge
-- 2 of 2 --