Date: 30-01-2019
Business: Adv B.P.Shukla for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Original NM No.148/19 along with affidavit tendered by plff.
Adjd to 15/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: CORAM - H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
(C.R.NO.11)
(In-charge Court of C.R.No.8)
Adv Ms.Shruti More for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order to continue till next date.
Adjd to 27/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. Mr. Yadav for Plff present.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Bhoir for MCGM/Deft present.
Adjd to 5/4/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Adv. Mr. B.P. Shukla for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present and filed reply to N/M No.148/19. Copy is served to otherside.
Heard arguments of both side on N/M.
Order on N/M No.148/19
By way of instant N/M, Plff has prayed to allow him to reconstruct the suit premises at his own expenses which was completely destroyed in fire on 6/5/2016. The Deft/MCGM has taken objection to the N/M stating that it will cause prejudice to rights of Deft/MCGM because the land belongs to it and the Plff society has committed breach of conditions upon which the structure was handed over to it. The grievance of the Plff is that the Deft/MCGM may not grant permission of reconstruction on the ground that the instant suit is pending. It is a procedural aspect that the Plff has to seek permission of Deft/MCGM for reconstruction and Court cannot grant such permission in Civil proceeding. Therefore, the Deft/ MCGM shall pass an order on merits and in accordance with law if such application will be made by Plff for reconstruction of the suit premises without being influenced by the fact that the suit is pending. The Plff shall file such application for reconstruction of suit premises within two weeks from today and the same shall be decided by Deft/MCGM within next two weeks after completion of earlier two weeks. With these directions N/M is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 05-04-2019
