Full Order Text
Order 1 · 19 Oct 2023 · CNR MHCC010022332018
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 --