Final Order 1

Order Details: Other
Pdf Text: 05.09.2022
Sr. No. 56
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1573/15
NM 3017/19
Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Ms. Farjana for defendant No.1 is present.
Adv. Mr. Khandagale for defendant No.2/MCGM is present.
The following order is passed on the NM No. 3017/2019:
ORDER
Perused the NM and record. Heard both the sides. Having
considered their submissions, at the outset, it is to be noted that
while passing order on NM No. 4754/2015 on 09.10.2018, this
Court observed that defendant No. 1 is carrying on construction of
roof of the room, without showing anything that due permission for
such reconstruction/repairs was obtained. It further seems that
defendant No. 1 did not argue on the said NM. Now, by filing this
NM, he is submitting that he should be given a permission for
reconstruction of the said premises. The record shows that even this
time, he avoided to substantiate the fact as regards his eligibility to
carry such reconstruction / repairs. That apart, the suit is filed by
the plaintiff for limited purpose i.e. to restrain defendant No. 1
from carrying any construction except by following the due process
of law. This was also the prayer clause (a) in NM no. 4754/2015,
which is made absolute in view of the above order. On this
background, nothing survives to consider this NM. The said issue is
already decided earlier by this Court. Therefore, defendant No. 1 is
at absolute liberty to proceed as per law. Needless to say that by
filing of this NM for permission, that too in absence of anything to
justify his propriety, defendant No. 1 would not be exempted to
follow the due process of law as directed in view of the earlier
order on NM. In the circumstances, I am of the opinion that at this
stage defendant No. 1 could not present a primafacie case nor
balance of convenience tilts in his side. In the result, specially, in
view of the earlier order on NM No. 4754/2015, this NM stands
dismissed.
Adjourned for framing of issues to 14.11.2022.
Judge
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