Final Order 1

Order Details: Other
Pdf Text: Dt:05.02.2025
Sr. No. 37
SU 535/19
NM 991/19
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Bipin Joshi a/w Adv. Ms. Saloni Joshi for the plaintiff is
present. Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant/
MCGM is present. She waived fresh service of writ of summons. Heard
both the sides on NM. The matter is kept back for NM Order.
Later on at 4.30 pm
The appearance is as above.
Following Order is passed in NM. No.991/2019:
01. By this suit, the plaintiff assailed the notices dtd 14.01.2019,
23.02.2019, issued in respect of the suit premises, along-with other
reliefs. He contended the defendant did not place any material to show
that the structure was at a public place and hence, the notice U/s. 314
of MMC Act was justified. Further, in view of the roznama dtd
01.03.2019, the concerned Officer of defendant admitted that the
notice dtd 20.03.2017 was inadvertently/mistakenly issued. He also
submitted that the defendant would consider the plaintiff’s reply and
pass the Order, assessing his eligibility. However, the said Order is
awaited till date. The record shows that having considered these
aspect of suit, earlier, on 01.03.2019, this Court granted an interim
relief in favour of this plaintiff and it is continued till date. That apart,
thenceforth, the defendant didn’t bother to contest this NM and hence,
it is proceeded without its reply as per Order of dtd 02.09.2024. Thus,
there is no change in the scenario, prevailing at the time of granting
interim relief in favour of the plaintiff. On this backdrop, I am of the
view that it would be just to continue with the said Order, till the
defendant/MCGM follows the due process of law. Hence, the Order:
1. Notice of Motion 991/2019 is partly allowed. Accordingly, the
Order dtd. 01.03.2019, granting interim relief to the
plaintiff is continued, till the defendant follows due process
of law.
2. Notice of Motion No. 991/2019 is, accordingly, disposed of.
By concent of the parties, the matter is referred to ensuing Lok-Adalat
and issuance of separate notices is dispensed with.
Adjourned for Lok-adalat/written statement to 22.03.2025.
Judge
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