ABDUL MAJID Vs. ANSARI MOHAMMED ZAKI

JUDGEMENT

(1.) THE appellant is the original defendant. The plaintiff filed a suit for injunction restraining the defendant from putting up construction adjacent to the plaintiffs property bearing No. 15-A, Zakaria manzil, Old Boleseth Chawl, Maulana Azad Road, Madanpura, Mumbai by putting up any structure of iron grills, beams or structure in any manner on the property No. 15-B, near Old Boleseth Chawl, Maulana Azad Road, madanpura, Mumbai. In this suit on 13-6-2001 the plaintiff took out Notice of motion No. 2413 of 2001 for interim and ad interim injunction. The trial Court by its order of the same date observed that though the notice was attempted to be served upon the defendant, defendant's wife refused to accept the same. It took on record 8 photographs filed by the plaintiff. It also noted that the plaintiff had sent telegraphic notice to the defendant. Copy of the telegraphic notice was taken on file. Considering the submissions of the plaintiffs Counsel and 8 photographs produced by the plaintiff, the trial Court passed an ad interim order of injunction.

(2.) IT appears that on the same date, a little later, the defendant appeared in the Court. He stated that he received the telegraphic notice at or about 2. 30 p. m. and as such he could not remain present. He submitted that he desired to engage a lawyer. He was therefore permitted to do so and was granted liberty to move the Court to vacate the order of injunction after giving 24 hours advance notice to the plaintiff. The defendant did not move or vacating the order of injunction till 8-8-2001.

(3.) THE returnable date of Notice of Motion No. 2413 of 2001 was 29-6-2001. On that day, the defendant did not appear in person. The Court appointed Court Commissioner to visit the site and report to the Court the position of the suit structure. The Commissioner was directed to submit his report on 9-7-2001. The plaintiff had taken out Contempt Notice of Motion no. 2821 of 2001. A copy of the same was served on the defendant. On that day, the defendant made a statement that he had not carried out any construction. This statement came to be recorded. The Commissioner submitted his report on, 29-6-2001.