Final Order 1

Order Details: Other
Pdf Text: Dt:31.01.2025
Sr. No. 16
SU 3199/19
NM 4750/19
CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. Shukla for the plaintiff is present.
Adv. Ms. Sujata Puri for defendant/MCGM is present.
The following Order is passed on NM No. 4750/2019.
1. By filing this suit, the plaintiff came with the specific case on
19.11.2019, Officer of the defendant threatened demolition of this suit
premises, without following due process of law. Admittedly, no notice
was issued for this cause. The record shows that accordingly, on
07.12.2019, this Court granted ad-interim relief in favour of the
plaintiff, which is is continued till date, calling the defendant to file
written statement at the earliest. However, the fact remained that the
defendants did not contest this NM nor it filed its stand till the date.
Consequently, there is no change in the scenario, which was prevailing
while granting ad-interim relief to the plaintiff. Being so, there is no
reason to discard his “apprehension” about demolition, which he
supported on his oath. In the result, I am of the opinion that such ad-
interim relief needs to be continued, till the defendant follows the due
process of law, while proceeding against the notice structure. Hence the
Order:
1. Notice of Motion No. 4750/2019 is made absolute in terms of
prayer clause (a), till the defendant follows due process of law.
2. Notice of Motion No. 4750/2019 is, accordingly, disposed of.
By concent of the parties, the matter is referred to ensuing Lok-Adalat
and issuance of separate notices is dispensed with.
Adjourned for Lokadalat/written statement to 22.03.2025.
Judge
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