Date: 29-05-2018
Business: By Preciepe
Adv. Mr. V.T.Dubey for plaintiff present.
Adv. Mr. Khandagale for BMC/Deft.present.
Draft Ch/s alongwith affidavit in support taken out by the
Plaintiff for seeking amendment in the suit plaint. T.O.R.
Leave granted to register.
Adv.for Plaintiff tendered Vakalatnama. T.O.R.
List of the documents tendered by the Plaintiff.
Heard. Perused affidavit in support of Ch/s. It appears that during the pendencey of the suit, the Defendant has passed order and accordingly being subsequent event, the Plaintiff has filed this application. If present Ch/s is allowed, no prejudice would be caused to the Defendant and proposed amendment will not change nature of the suit. In the facts and circumstances, in order to avoid multiplicity of the proceedings Ch/s is to be allowed in the interest of justice, with this I proceed to pass the following order
ORDER
1. Draft Ch/s is made absolute in terms of prayer clause (a).
2. The Plaintiff is directed to carry out the amendment as per schedule annexed to Ch/s on or before next date and further directed to place on record amended copy of the suit plaint and also directed to serve amended copy to the Defendant.
3. Accordingly draft Ch/s is disposed of and it be registered for statistical purpose.
Draft N/m along with affidavit in support taken out by the Plaintiff for restraining the Defendant temporarily from demolishing suit premises in pursuance notice dt 23.04.2018 and order dt 24.04.2018. T.O.R. Leave granted to register.
Heard. Perused documents. Photographs filed on record are not recent photographs but the photographs are of the old structure. The document at page no. 12 discloses that unauthorized structure on the government land on 16.12.1985 having area under occupation was 15 into 9 and accordingly damage charges imposed upon the Plaintiff\''s wife. Receipts regarding payments filed by the Plaintiff. Thus, prima facie it appears that suit premises is on the government land. It is prima facie discloses that in the year 1985 direction were givento the wife of the plaintiff that not to make repairs and / or additions or alteration of the encroachment without prior permission of the appropriate authority. Prima faice the Plaintiff has placed his reliance on the datum line in respect of government land as of the year 1995. In the facts and circumstances, suit property disclosed in the suit plaint as 25 x 20 sq.ft area ground mezzanine floor. Thus, it is not the same area which was existing in the year 1985 as mentioned in page no. 12 to the pliant. Prima facie the Plaintiff has not produced how and when the Plaintiff has made addition and alteration of the existing encroachment on government land. The Plaintiff has not filed on record permission of the appropriate authority. Thus, prima facie there is not evidence to accept that the suit structure is tolerated structure even by considering the datum line of the year 1995. Therefore it is not fit case to grant Ad interim relief. Hence Ad-interim relief is rejected.
Suit is already adjd.to 17.07.2018 for N/m reply.
Authenticated copy of Roznama be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 29-05-2018
