Full Order Text
Final Order 2 · 15 Sept 2023 · CNR MHCC010028852019
Order Details: Other Pdf Text: 15.09.2023 Sr. No. 37 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1935/19 NM 1119/19 Adv. Mr. Priyank Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 1935/2019. -: O R D E R :- 01. By the suit, the plaintiffs came with the case that they are the joint owners of the suit property, which existed before 1960. Earlier there was a big gate for entry. It was for safety and security of the structure and their tenants. As the said gate was damaged, they got repaired the same and put a new gate to safeguard their property. They also filed photographs vide list Exh.4 to substantiate this fact. Considering this record, on 16.02.2019, interim relief was granted in their favour till filling of NM reply. However, the defendants did not contest the suit and this NM and it proceeded ahead without their reply and WS as per the Order dtd. 30.01.2023. Consequently, there is no material on record to disbelieve the plaintiffs say, which is supported on affidavit. Hence, the interim relief, granted in their favour, needs to be continued by the following Order: 01. Notice of Motion No. 1119/2019 is partly allowed. The ad- interim Order dtd. 16.02.2019 is continued till disposal of the suit. 02. Notice of Motion No. 1119/2019 is, accordingly disposed of. Adjourned for RE (No WS) (LN) to 10.11.2023. Judge -- 1 of 1 --