Final Order 1

Order Details: Other
Pdf Text: Dt:03.02.2025
Sr. No. 27
SU 1353/19
NM 4052/19
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Ms. Sujata
Puri for defendant/MCGM is present.
Following Order is passed on NM No. 4052/2019.
1. By this suit, the plaintiff contented that the defendant
unlawfully threatened to demolish toilet blocks,which are referred
to in para 1 of the plaint. The said blocks were constructed in the
year 2010 and it were made-up of BM Wall and Patra Sheet Roof.
It is being properly maintained by the plaintiff. Moreover, in view
of the letter dtd 24.05.2019, the MHADA permitted to maintain it
till 23.05.2024. That apart, no notice is issued for it’s demolition.
However, as the defendant threatened, the plaintiff is afraid of the
said demolition. The record shows that on 14.06.2019, this Court
granted ad-interim relief in terms of prayer clause (a) in favour of
the plaintiff and it is continued till today. And, thenceforth, this
defendant did not contest this NM and it is proceeded without its
reply as per the Order dtd. 04.11.2024. Thus, there is no change
in the scenario, which was prevailing while granting ad-interim
relief in favour of the plaintiff. Nor, there is any material to rebut
his contentions of threat, which are supported on affidavit. Being
so, I am of the opinion that the earlier order of ad-interim relief is
to be continued, till disposal fo the suit. Hence the Order:
1. Notice of Motion No. 4052/2019 is made absolute in terms
of the interim order dtd 14.06.2019, till disposal of the suit.
2. Notice of Motion No. 4052/2019 is, accordingly, disposed of
By concent of the parties, the matter is referred to ensuing Lok-
Adalat. Issue notice to the plaintiff on Court Motion.
Adjourned for Lok-adalat to 22.03.2025
Judge
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