Final Order 1

Order Details: Other
Pdf Text: 03.11.2023
Sr. No. 49
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1365/19
NM 4659/19
NM 2692/19
Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The following Order is passed on NM No. 4659/2019 after hearing
both the parties:
-: O R D E R :-
01. Having considered the rival submissions, it is notable that by
assailing the notice dtd. 08.05.2019 and the Order dtd. 31.07.2019,
the plaintiff mainly contended that he acquired the suit premises by
virtue of the Sale Deed dtd. 11.10.2018, which is filed at Exhibit B
of the plaint compilation. The suit premises existed since long and
assessed to the taxes. However, as it was old one, he merely carried
some minor repairs to it. To fortify this position, he filed the said
agreement, which confirms existence of the suit premises, and the
assessment bill, at page 45 of the plaint compilation, which bears
the first date of assessment of the structure as 01.04.2001. Thus, it
is clarified that the suit premises existed since long. Contrary, even
directions in the interim Order dtd. 14.06.2019, the defendant did
not contest this suit and NM. Hence, there is nothing on record to
discard the plaintiff’s claim. In the circumstances, ad-interim relief
granted in favour of the plaintiff needs to be continued as per the
following Order :
(i). Notice of Motion No. 4659/2019 is made absolute in terms of
prayer clause (a), till disposal of the suit. Consequently, even
NM No. 2692/2019 stands filed.
(ii). Notice of Motion Nos. 4659/2019 and 2692/2019 are,
accordingly, disposed of.
By concent of the parties, the matter is referred to ensuing Lok-
Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat/R.E.(No WS)/LN/ to 09.12.2023.
Judge
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