Final Order 1

Order Details: Other
Pdf Text: Dt:29.01.2025
DB Sr. No. 1
SU 1623/19
NM 3525/19
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Ms. Honmane for defendant/MCGM is present.
Following Order passed in NM No. 3525/2019.
01. Considering the rival submissions, at the outset, it is worth
to be noted that to establish his claim, the plaintiff filed the copy of
GR at Exhibit B, declaring CTS No. 1505 as Slum, and the copies of
Electricity Bill, Ration Card, etc. to fortify his long possession. The
record further goes to show that since beginning, he posed himself
as occupier of the suit premises viz. Room No. 6, at CTS No 1505.
However, it appears that the notice dtd. 18.05.2018 and the Order
dtd. 24.06.2019 were addressed to the structure at CTS No.1505A.
This was the observation recorded even at the time of passing of
ad-interim relief dtd. 29.06.2019 and, accordingly, it was observed
that the defendant/MCGM will have to verify the correctness of the
said notice. However, the fact remains that even after affording of
sufficient opportunities, as the defendant failed to contest this NM,
it proceeded ahead in absence of its reply by Order of 04.11.2024.
Thus, there is no change in the scenario prevailing while passing of
ad-interim relief. In the circumstances, I feel it just and appropriate
to continue with the said Order till the defendant follows the due
process of law. Needless to say that if the structure is allowed to be
demolished, the very cause for filing this suit would be frustrated.
More so, until the above referred passion is clarified, demolition of
the structure would also be unwarranted. Hence, the Order:
01. Notice of Motion No. 3525/2019 is made absolute in terms
of prayer clause (a), till the defendant follows the due
process of law.
02. Notice of Motion No. 3525/2019 is, accordingly, disposed of.
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Adjourned for WS to 28.03.2025. Judge
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