Full Order Text
Final Order 1 · 03 Jul 2023 · CNR MHCC010087242019
Order Details: Other Pdf Text: 03.07.2023 Sr. No. 38 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2296/19 NM 3208/19 Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed on NM No. 3208/2019. -: O R D E R :- Considering the rival submissions, at the outset, it is worth to be noted that supporting his claim, the plaintiff relied upon documents viz. assessment bill, Shop and Establishment Certificate, electricity bills, permission for repairs and photographs of the suit premises, to prove its existence. He further submitted that the defendant did not follow principles of law and threatened to demolish the same, without issuing any notice. Whereas, the defendant did not contest the suit and the NM as well. As such, there is nothing on record to rebut the plaintiff’s contentions on oath. In the circumstances, I am on the opinion that till the defendant follows the due process of law the suit premises needs to be protected. Hence, NM No. 3208/2019 is disposed of, restraining the defendant to take any coercive steps against the suit premises except by following due process of law. Adjourned for RE (No WS) (LN) to 18.08.2023. Judge -- 1 of 1 --