Final Order 1

Order Details: Other
Pdf Text: 13.12.2024 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Sr. No. 57
SU 1929/19
NM 1916/19
Plaintiff No.1 is present in person. Adv. Mr. V.G. Shinde for
defendant Nos. 1 and 2/MCGM is present. None present for
defendant No.3. The matter is kept back.
Later on 4.30 p.m.
Barring appearance for defendant Nos. 1 and 2, rest are absent.
Following Order is passed in NM No. 1916/2019.
01. Considering the rival stands, at the outset, it is worth noted
that on 05.10.2019, this Court granted an interim relief in favour of
the plaintiff, in terms of prayer clause (a) of this NM, and the said
Order is continued till today. It further seems that even after ample
opportunities, as the defendants failed to contest the suit and NM,
the same proceeded ahead as per roznama Order dtd. 09.08.2023.
This way, there is no change of circumstances which were existing
while granting the interim relief to this plaintiff. More so, there is
no reason to discard the plaintiff’s contentions, which are made on
affidavit. Consequently, it would be just to continue the said Order,
till disposal of the suit. Coming to prayer clause (b) and (c) of this
NM, the plaintiff is still to substantiate his entitlement for granting
mandatory injunction for demolition of the structure. Moreover, the
record is silent to assume that defendant No.3 is trying to create the
third party interest. This being position of record, in my view, those
reliefs can not be considered at this stage. Hence, the Order:
01. Notice of Motion No. 1916/2019 is made absolute in terms of
prayer clause (a). Accordingly, the interim relief of dtd.
08.05.2019 is continued till disposal of the suit.
02. Notice of Motion No. 1916/2019 is, accordingly, disposed of.
Adjourned for RE (No WS) to 29.01.2025.
Judge
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