Final Order 1

Order Details: Notice of Motion
Pdf Text: 17/12/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
SU 2633/19 Adv Ms. Kataria for plff present.
Heard argument of ld.adv for plaintiff in NM No.4047/19. The statements made in
the affidavit filed in support of NM by the plff that defendants are illegally trying
to erect a mobile tower on the terrace of the building Bhagyalaxmi Villa have
gone on record unchallenged as despite granting several opportunities, defendants
have failed to file reply to the Notice of Motion. In fact, nobody has attended the
matter for and on behalf of the defendants on any date after 05.02.2020.
Plaintiffs have produced document in support of their contentions raised in the
plaint and in the affidavit in support of a Notice of Motion. Defendants cannot
erect a mobile tower without following the due process of law. Status quo order
is already granted in favour of the plaintiff as per order dt.14.10.2019 by the
Court by hearing the advocates for plaintiff and defendant No.3. Ld. Advocate for
the plaintiff submitted that after passing of the said order, there is a status quo
till date at the building and the further construction of the tower is not
undertaken by the defendants. Having regards to the fact that defendants failed to
contest the Notice of Motion, this court is of the opinion that since the
defendants are not appearing , it would be in the interest of justice to allow this
Notice of Motion pending final decision of the suit. Thus an order.
ORDER
Pending final disposal of the suit, defendants are temporarily restrained from
erecting, installing and operating Cell tower on the terrace of Bhagylaxmi Villa
Building, without following the due process of law.
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Defendants failed to file WS hence, suit to proceed without WS.
Matter is adjd. for evidence without WS to 10.03.2022.
Judge
10/03/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
7
SU 2633/19
Exh.1 to 4
Exh.5
Exh.6
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Adv Ms. Katira present for plff. and brought to the notice that NM No.4047/2019
is already disposed off. Having gone through the roznama, it came to the notice
that said NM is already disposed off on 17.12.2021 yet it is shown pending in the
CIS and it has appeared on daily board of today. It be marked in CIS as already
disposed off.
None present for deft.
Adv for the plaintiff filed evidence in lieu of examination in chief of PW-1
Vrushali Puranik at Exh.5.
She also filed four documents with list Exh.6.
Witness is not present today hence, put up for verification on next date.
Matter is adjd. for evidence to 22.04.2022.
Judge
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