Devraijan Ganpati DevendranVsUNION OF INDIA +1 more

Date: 20-03-2019
Business: Adv. Mangesh Nalawade for plaintiff present.
Adv. Oza for defendants present
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint.
Advocate for defendants filed pursis at Exh.5 that defendants will follow the due process of law for evicting the plaintiff from the suit premises.
Advocate for defendants waived service of writ of summons hence, matter be kept for WS of defendants no.26.04.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2019

Date: 20-03-2019
Business: Adv. Mangesh Nalawade for plaintiff present.
Adv. Oza for defendants present
Exh.1 Plaint.
Exh.2 VP in plaint.
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint.
Advocate for defendants filed pursis at Exh.5 that defendants will follow the due process of law for evicting the plaintiff from the suit premises.
Advocate for defendants waived service of writ of summons hence, matter be kept for WS of defendants no.26.04.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv. Mangesh Nalavade for plaintiff present.
Adv. Ojha for defendants present and tendered Written Statement on behalf of defendants by submitting that Writ of Summons is not served on the defendants by the plaintiff and the defendants have waived the service on previous date.  Affidavit of service filed on 18.02.2019 by the plaintiff shows that service of Notice of Motion was only effected.  It does not appear that there is any delay rather intentional delay hence, WS of defendants is accepted as Exh.6.
Adjourned for draft Issues to 19.08.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adjd
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: None for plaintiff present.
Matter adj for filing draft issues to 18.11.2019.
L.O. at 12.15
Adv. R.K.Dubey h/f Adv,Oza for  defendant No.1 present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Court is busy in hearing urgent matter. Hence board is discharged.
Matter adjd  to 09.01.2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv. Vipul Shukla for plaintiff is present.
Adv. Oza for defendant no.1 and 2 is present.
By consent matter is adjd. for draft issues  to  22/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-04-2020

Date: 22-04-2020

Date: 13-05-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. Mangesh Nalavade for plaintiff present.
Adv. Arti Oza for defendants present.
Matter is adjd. to 12/04/2021 for framing of issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: due to covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Asmita present for the plaintiff.
Adv Mr.Oza present for the defendant.
Adv for the plaintiff tendered register NM No. 2791/21 and service affidavit TOR
Ld adv for plaintiff submits that the Hon\''ble High Court has directed to disposed of the motion within 8 weeks from today. Today Ld advocate for defendant has filed reply to the NM. NM is kept for hearing for 04.01.2022. If plaintiff wants to file rejoinder, then plaintiff shall the serve upon the defendant before 23.12.2021.
Issues framed.
Adv for the defendant file reply to NM No.2791/21 TOR O- filed.
Matter is adjd. to 04.01.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv Asmita Rajbhat for plaintiff present.
She filed rejoinder to the NM No.2791/21 TOR
Adv R.P. Oza for defendant present.
At the request for ld advocate for plaintiff matter is adjourned.
Matter is adjd. to 12.01.2022 for NM hearing.(11.30 am.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Adv Mangesh Nalawade a/w Shakeeb Shaikh for plaintiff present.
Adv R.P. Oza for defendant present.
Arguments heard on both the sides.
Matter is adjd. to 14.01.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-01-2022

Date: 14-01-2022

Date: 17-01-2022

Date: 20-01-2022
Business: Adv.Mangesh Nalawade for plaintiff is present.
None present for defendant.
court is busy in other matters. Hence Matter is adjd. to 01.02.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-02-2022

Date: 01-02-2022

Date: 02-02-2022
Business: Adv Asmita Rajbhar for plaintiff present.
Adv Mr.R.P.Oza for defendant present.
FRSR following order is passed-
O R D E R
1. The Notice of Motion No.2791 of 2021 is allowed.
2.Defendants are hereby directed to open the lock of the main gate of the Old Army Market and allow the entry to plaintiff to his shop within 3 days from date of this order.
3.Plaintiff is hereby directed to remove all the CCTV cameras installed by him in and around his shop under the supervision of authorised personnel appointed by defendant No. 2 immediately after opening the lock by the defendant No. 2.
4.Defendants are further directed not to obstruct the plaintiff while entering in his shop and conducting the business till final disposal of the suit.
5.Defendants are further directed not to act upon the circular bearing No. 8271/15/Legal/AM dated 14/08/2021 till final disposal of this suit.
6.Plaintiff is at liberty to apply to defendant No. 2 for permission to install CCTV cameras and defendant No. 2 may pass necessary orders in that regard considering the fact of security threat if any caused by such installation of CCTV cameras.
7.Cost of this notice of motion will following main cause.
8.Notice of Motion No. 2791 of 2021 is disposed of accordingly.
Adv for defendants filed application for stay of order TOR
After declaring the operative part of the order on dias, Ld. advocate for defendants filed an application at Exh.8 for staying the order for the period of 8 weeks from today to enable the defendants to challenge the same before Hon\''ble High Court. Ld. advocate for plaintiff opposes the application on the ground that the shop is closed since March, 2020. This is the source of income for the plaintiff. This Court has already allowed NM No.653/19 on 28.02.2019 and defendants were directed to remove the seal within 3 days from the receipt of information of that order and not to obstruct plaintiff while conducting the business. This is the second motion of plaintiff which is allowed. Therefore, she submits that the application may be rejected.
I have heard both the Ld advocates at length.
While passing the order I have held that plaintiff will suffer irreparable loss if the motion is not allowed. Suit property is the source of income for plaintiff. However, at the same time the right of defendants to challenge the order of this Court needs to be considered. Considering all these factors the application is partly allowed and the order passed in NM No.2791/21 is stayed for the period of 4 weeks from today. Parties to note and act accordingly.
Matter is adjd. to 04.03.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
Adv Mr. R.K. Oza for defts present.
Adv Ms. Asmita Rajbhar present for plaintiff and sought adjournment for adducing evidence.
Matter adjd for plaintiff\''s evidence to 17/03/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Asmita Rajbar present for plaintiff.
Adv. R. p. ozaa present for defendant.
l.o. at 01.30 pm.
Adv. Mangesh nalavade present for plff. and tendered draft chamber summons @ Affidavit. t.o.r.
O- Leave granted to register.
Copy served to the adv. For deff.
Matter adjourned for cs reply to 07/04/22.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. Asmita present for plaintiff and he tendered original registered Chamber Summons No.467/2022 @ affidavit. t.o.r.
Adv. R. P. Oza present for defendant and he tendered reply to chs. no. 467/2022.
Matter adjourned for hrg. On chs. To 07/06/22.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: By praecipe
Adv. Asmita present for plaintiff.
Adv. R. P. Oza present for defendant.
kb.
l.o. at 03.46 pm
Adv. Shaikh present for plaintiff and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register.
Ld. adv. For plaintiff submitted to grant ad interim relief in terms of prayer clause(a) and (b).
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants.
Following order is passed as to ad-interim relief on draft notice of motion.
Order- Perused the draft notice of motion, affidavit in support of same and record. Heard both the sides.
     In short it is the submission of the plaintiff that, defendants have disobeyed the order dt. 28/02/2019 on nm no. 653/2019 and order dt. 02/02/2022 on nm no. 2791/2021 and therefore, plaintiff has prayed for grant of ad-interim relief. Ld. Adv. For plaintiff kept his reliance on the following judgments.
1.  CENTURY FLOUR MILLS LTD. V/S. S. SUPPIAH AND ORS.
      MANU/TN/0217/1975
2.  ALL BENGAL EXCISE LICENSEES ASSOCIATION V/S. RAGHABENDRA SINGH AND OTHERS- ( 2007) 11 Supreme Court Cases 374.
Court has gone through the observations therein.
    On the other hand ld. Adv. For defendants argued that, defendants have not disobeyed any of the above order and no relief claim can be granted unless court comes to the conclusion that, defendants have disobeyed the above order.
         From the matter on record it appears that, notice of motion no. 653/2019 and notice of motion no. 2791/2021 taken out by the plaintiff were made absolute and interim relief were granted. According to plaintiff, defendants have disobeyed the above orders. On the other hand it is the contention of defendants that they have complied the orders and they have not disobeyed the orders. The observations in the judgment sited supra is relied by the ld. Adv. For plaintiff regarding inherent power of court U/s. 151 of CPC are not disputed. However, considering the nature of reliefs claim. It appears necessary that, court will have to record finding that, defendants disobeyed the above order. Therefore, the opportunity of filling reply will have to be given to the defendants and there appear  no urgency for grant of the ad-interim reliefs as sought. As such court find that, plaintiff failed to make out strong prima facie case for grant of ad-interim reliefs as prayed. Hence, prayer of plaintiff for grant of ad-interim relief in terms of prayer clause (a) and (b) is dismissed.
Authenticated copy of Roznama be given to both the parties if requested.
Adv. For plaintiff also tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register.
Matter is already adjourned for reply and service to 07/06/22.
Next Purpose: REPLY
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Adv. Asmita rajput present for plaintiff.
Adv. R. P. Oja present for defendant and sought adjournment to file reply to the nm.
Matter adjourned for nm reply and service to 25/07/22.
Next Purpose: REPLY
Next Hearing Date: 25-07-2022

Date: 25-07-2022

Date: 19-08-2022

Date: 27-09-2022

Date: 18-10-2022

Date: 23-11-2022
Business: Adv. Asmita Rajbar present for plaintiff and sought adjournment.
Adv. R. P. Oja present for defendants.
Matter adjourned for nm hearing as a last chance to 29/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Adv. Mangesh Nalawade present for plaintiff.
Adv. R. P. Ojha present for defendants and sought adjournment.
Matter adjourned for nm hearing to 16/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Mangesh  Nalavde present for plaintiff.
Adv. R. P. Oja present for defendants.
Kb
l.o. at 03.43 pm.
Adv. Shakil Shaikh ib adv. Vipul shukla present for plaintiff and submitted that, plaintiff is not pressing Notice of Motion no. 1944/2022 and made endorsement to that effect on Notice of Motion no. 1944/2022. As the plaintiff not pressed the Notice of Motion 1944/2022, Notice of Motion no. 1944/2022 is disposed off.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendants on Execution application no. 222/2022.
Adv. For defendant made statement at bar that, defendants are not causing obstruction in ingress and egress of the plaintiff from the disputed gate and doing business from the suit premises and they will not cause such obstruction. Only general public is not allowed to ingress and egress from the disputed gate as it is a prohibited area. The above statement is recorded. Matter adjourned for order on Execution application 222/2022 to 04/01/23.
Next Purpose: ORDER
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: None present for plaintiff.
Adv. Ankit Ohja present for defendant.
F.R.S.R. following order is passed on Execution Application No. 222 of 2022.
                                        ORDER
1) Execution Application No. 222 of 2022 is dismissed.
2) Execution Application No. 222 of 2022  is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
Matter adjourned for cs and nm hearing to 07/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Asmita Rajbar present for plaintiff.
Adv. Ojha present for defendant and submitted that, defendants are not served with the Notice of Motion no. 1943/2022.
Adv. For plaintiff submitted that, plaintiff will serve the copy of contempt Notice of Motion to the defendants.
Matter adjourned for service and reply to nm and cs hearing to 23/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Shakil Shaikh present for plaintiff.
Adv. R. P. Ojha present for defendant and submitted that copy of NM No.1943/22 is not served.
Adv. For plaintiff submitted that he will serve the copy of NM to defendants again.
Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant on chs. no. 467/2022.
Matter adjourned for order on CS no. 467/2022  and reply to nm no. 1943/22 to 27/03/23.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None present for plaintiff.
Adv. R. Ojha present for defendant.
F.R.S.R. following order is passed on Chamber Summons No. 467 of 2022.
                                    ORDER
1) Chamber Summons No. 467 of 2022 is made absolute.
2) Plaintiff shall carry out the amendment to the plaint as per schedule within 14 days from the date of this order.
3) Chamber Summons No. 467 of 2022 is disposed off accordingly.
Matter adjourned for compliance to 10/04/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Asmita Rajbar present for plaintiff and she tendered amended copy of plaint t.o.r..
she also tendered affidavit of service. t.o.r
copy served to the advocate for the defendants.
Adv. R. P. Ojha present for defendant.
Matter adjourned for additional ws and reply to nm no. 1943/22 to 04/05/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Plaintiff present.
Adv. R.B. Ojha for defendant present and filed reply to NM No.1943/2022 alongwith additional written statement and copy served on plaintiff.
Matter adjourned for NM  Hearing to 03.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Adv. Asmita Rajbhar present for plaintiff and tendered affidavit in rejoinder to reply of defendant to notice of motion No.1943/2022.
Adv.R.K. Dubey h/f. Adv. Oza present for defendant.
Both parties prayed for adjournment. Adjournment is granted as last chance.
Matter adjourned for NM Hearing to 09.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Asmita Rajbhar present for plaintiff.
Adv. R.K. Dubey present for defendant.
Matter adjourned for NM Hearing to 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: None present for plaintiff.
Adv. R. P. Ojha present for defendants.
Matter adjourned for NM Hearing/NM Dismissal order to 04.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: Adv. Asmita Rajbhar present for plaintiff.
Adv. R. P. Ojha present for defendants.
Matter adjourned for NM Hearing to 15.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-12-2023

Date: 27-12-2023
Business: Not on board taken on board.
Letter vide No. D.D.(AO) C0718920/2023 dated 29.11.2023 vide City Civil Court Inward No.15446/2023 dated 21.12.2023 alongwith copy of order in Appeal from Order No.673/2023 dated 20.10.2023 received from Hobble High Court.
Order
Coram  Sandeep V. Marne, J.
Date    October 20, 2023
P.C.
   1. Learned counsel for appearing for the Appellant seeks leave to withdraw the Appeal with liberty to file appropriate proceedings.
2.   Reserving the liberty as sought for, the Appeal is disposed of as withdrawn.
Matter is already adjourned for NM Hearing to 15.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: Adv. Mangesh Nalawade present for plaintiff and tendered additional affidavit in support of notice of motion. Taken on record. Copy served on defendants.
Adv. Amin Patel h/f. Adv. R. P. Ojha present for defendants.
Matter adjourned for NM Hearing to 14.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2024

Date: 14-03-2024

Date: 14-06-2024
Business: Adv.  Neha Kasare h/f. Adv. Shuklapresent for plaintiff.
Adv. R. K. Dubey present for defendant.
Matter adjourned for NM Hearing to 29.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2024

Date: 21-10-2024

Date: 18-12-2024

Date: 04-03-2025

Date: 06-05-2025

Date: 10-05-2025
Business: PANEL HEAD - HHJ SHRI S.H.SALUNKHE
Panel Member - Adv. Ms. Anamika K. Tiwari
Matter pertains to CR No. 8
None present for plaintiff. None present for defendant. Officer is absent. Matter not settled.
Matter is adjd to 15.07.2025.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Adv. Anchal Mhatre h/f. Adv. Vipul Shukla for plaintiff present and seek time. Time granted.
Adv. R. P. Ojha for defendant present.
Matter adjourned for NM Hearing to 25.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Adv. Mangesh Nalawade h/f. Adv. Vipul Shukla for plaintiff present and seek time. Time granted.
Adv. Ojha for defendant present.
Matter adjourned for NM Hearing to 24.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: Adv. Sadhna Yadav for plaintiff present.
None present for defendants.
Matter adjourned for NM Hearing to 05.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Adv. Asmita Rajbhar for plaintiff present.
Adv. R. P. Ojha for defendants present.
On oral request of both parties, matter adjourned for NM Hearing to 24.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: Adv. Asmita Rajbhar for plaintiff present and seeks time. Time granted as last chance.
Adv. R. P. Ojha for defendants present.
Matter adjourned for NM Hearing to 26.03.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: Adv. Asmita Rajbhar i/b. Adv. Vipul Shukla for plaintiff present and seek time. Time granted.
Adv. Anikit Ojha h/f. Adv. R. P. Ojha for defendants present.
Matter adjourned for NM Hearing to 20.06.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: Adv. Asmita Rajbhar i/b. Adv. Vipul Shukla for plaintiff present.
Adv. Sanchit Ojha h/f. Adv. R. P. Ojha for defendants present and sought adjournment. Granted as a last chance.
Matter adjourned for NM Hearing to 03.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: 03/08/2026
As per Office order No. 219 of 2026 dated 21-07-2026  Presiding Officer to attend Orientation Training for the newly promoted District Judges and Ad-hoc District Judges scheduled to be held from  02/08/2026 to 15/08/2026. at the Maharashtra Judaical Academy, Uttan, Thane.
Hence, matter adjourned to 01-09-2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: Coram H.H.J. Shri. A. B. HODAWADEKAR, City Civil Court, Mumbai.(C.R.08)
Adv. Asmita Rajbhar i/b. Adv. Vipul Shukla for plaintiff present.
Adv. R. P. Ojha for defendants present.
Heard Ld. Adv. for both sides on NM No.1943/2022
 ORDER ON NOTICE OF MOTION NO.1943/2022
    This Notice of Motion is taken out by plaintiff for punishing the defendants under Contempt of Courts Act, 1971 for breach of interim injunction order dated 02.02.2022 in Notice of Motion No.2791/2021. According to plaintiff, that order was not complied with in true sense. The sum and substance of the contention of plaintiff that, on 21.03.2022, defendants allowed the plaintiff to enter into market area however immediately after plaintiffs entry Ld. Army Area Commandant locked the main gate saying that, main gate would be opened only for ingress and egress of the plaintiff. This was continued thereafter. As such, according to plaintiff, there is a breach of interim injunction order and therefore this NM is taken out.
       Defendant Nos.1 to 3 filed their reply and objected the notice of motion on the ground that, only to facilitate the staff of Army and their family members for purchasing, permissions were given to run business and not to facilitate public as it is a high security and sensitive area. As per order of the Court, plaintiff was allowed to ingress and egress. There is no contempt on part of defendants. Defendants prayed for dismissal of NM.
     The plaintiff also filed rejoinder and denied the contents in reply of defendants.
   I thoughtfully considered rival contentions. The plaintiff only relied upon affidavits in support of NM and photographs without any certificate under section 65B of Evidence Act. Ld. Adv. for defendants brought to my notice the Execution Application No.222/2022 filed by the present plaintiff for execution of the same interim injunction order dated 02.02.2022 passed in NM No.2791/2021. The Ld. Judge of City Civil Court in a order dated 04.01.2023 observed that, the order sought to be enforced ex-facie does not reveal that, Court directed defendants to allow entry of customers of plaintiffs from main gate. The Ld. Judge held that, defendants have not breached or violated the order dated 02.02.2022 in NM No.2791/2021. The Ld. Judge went further to observe that, from the matter on record, it is clear that, defendants have obeyed and complied the order in that NM. By observing so, the Ld. Judge dismissed execution application on 04.01.2023.
      The Notice of Motion, which before me is based upon the alleged breach of order dated 02.02.2022 which was also alleged in that execution application. The alleged incidents of breach in this NM and that execution application are same. In this scenario, once the Court has observed that, there is no breach of that order on part of defendants, plaintiff cannot expect any contrary order from this Court. The fact as to whether there is a breach or not is already decided. Moreover this NM is not under Order 39 Rule 2A of C.P.C. On the contrary, it is under Contempt of Courts Act, 1971. It is settled legal position that, as there is a provision under Order 39 Rule 2A of C.P.C. to deal with breach of injunction order, for breach of that order provisions of Contempt of Courts Act, 1971 cannot be invoked. To sum up, the NM is devoid of merits and liable to dismissed. Hence, I pass following order
ORDER
1. Notice of Motion No.1943/2022 is dismissed.
2. Cost in cause.
3.  Notice of Motion No.1943/2022 is disposed off accordingly.
Matter adjourned for draft issues to 27.11.2026.
        Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-11-2026

NOTICE OF MOTION/102791/2021
NOTICE OF MOTION/101944/2022
NOTICE OF MOTION/101943/2022
CHAMBER SUMMONS/100467/2022
EXECUTION APPLN/100222/2022

Registration Number: 100725/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100725/2019
Transfer Date: 10-01-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 100725/2019
Transfer Date: 07-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 101775/2019
Filing Date: 11-02-2019
First Hearing Date: 20th March 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE