Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.05/04/2019
SU 4457/12
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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.
Adjd to 15/6/2019 for framing issues.
Judge
-- 1 of 1 --