Final Order 1

Order Details: Other
Pdf Text: 10.12.2025 CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
Sr. No. 58
SU 1071/19
NM 2343/19
Adv. Mr. Mukesh Dubey for the plaintiff is present. None present for
defendant No.1. Adv. Mr. V.G. Shinde for defendant No.2/BMC is
present.
Today, NM is listed for Order. I have heard Ld. advocate for
the plaintiff and defendant No.2. On 22.04.2019, my Ld.
predecessor had heard both the advocate and perused the
documents. In view of photographs filed by the plaintiff it revealed
that defendant No.1 was carrying out construction. Accordingly, ad-
interim relief in terms of prayer clause (a) was granted.
Thereafter, after hearing the NM the Ld. advocate for plaintiff
was directed to file photographs to ascertain the exact position and
status of the ongoing construction. Accordingly, he has filed
photographs dtd. 23.09.2025 which reveals that construction is
already complete. Therefore, relief in term of prayer clause (a) has
became infructuous.
But, Ld. advocate for the plaintiff has raised apprehension
that defendant No.1 might carryout further construction. If it is so,
then, he is at liberty to file fresh NM on the above cause of action, if
accrues.
Apart from above relief plaintiff has sought relief of
mandatory injunction. But, the above relief of mandatory injunction
can be decided at the final conclusion of trial after parties adduce
evidence. In view of above fact NM No. 2343/2019, is disposed of
with direction to the defendant No.2 to proceed as per law against
structure constructed by defendant No.1.
Adjourned for WS to 18.02.2026.
Judge
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