insistence of learned Court, the advocate for the
defendant compelled to remain present though the
suit was posted for further hearing on 1.4.2019.
Surprisingly, according to the petitioner, the
order has been passed below Exh.15, though the
proceedings of the suit were not on Board, the
said order passed on 26.3.2019 and as such
according to the petitioner, though the suit
proceedings were adjourned for the purpose of
allowing defendant to file reply on 1.4.2019,
prior thereto without giving any opportunity, an
order is passed below Exh.15 on 26.3.2019 and by
granting such order, the learned trial Judge has,
at the instance of petitioners, allowed the
commission work to be undertaken with respect to
all flats which are 864 in numbers. A mention is
made in the petition when the original plaintiffs
are merely two flat holders and at their
instance, the entire commission work is allowed
without granting opportunity to the petitioners.
Based upon the specific averments on oath
contained in paragraph Nos.3(B) and (D) as well
as (E) and (F), the petition came to be moved
before this Court and notice was issued on
29.3.2019 and considering the peculiar set of
circumstances, relying upon the averments
contained in para 2.4 of the petition, the Court
granted ad-interim relief. Subsequently, the
learned advocate Mr.V.K. Shah on behalf of the
