Full Order Text
Final Order 1 · 15 Sept 2023 · CNR MHCC010028872018
Order Details: Other Pdf Text: 15.09.2023 Sr. No. 34 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 194/18 NM 815/18 Adv. Mr. Asit Singh for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed in NM No. 815/2018. -: O R D E R :- 01. By this suit, the plaintiffs contended that on 29.12.2017, the defendant demolished the suit premises without following the due process of law and now, they are apprehending that he may seize articles of their garage. As such, they filed the NM and supported their contentions on affidavit. On the other hand, the defendant did not prefer to contest the suit and this NM and hence, it proceeded ahead without his reply and WS. Here, it is notable that this NM is restricted to the prayer as regards seizure of the articles lying in the plaintiffs’ garage. Even assuming that the suit premises is not legal, still, the defendant is required follow the due process of law while initiating any action against the garage articles of the plaintiffs’. As such, to that limited extend, the NM is needs to be allowed. Hence, the Order : 01. Notice of Motion No. 815/2018 is partly allowed. The defendant, his agents, his servants and anybody else claiming through him are restrained to seize articles of the garage, described in the plaint, except by following the due process of law. 02. Notice of Motion No. 815/2018 is, accordingly, disposed of. Adjourned for RE (No WS)(LN) to 07.11.2023. Judge -- 1 of 1 --