Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 167 of 2018
CNR MHCC010006062018
IN
L.C.SUIT NO. 2812 OF 2016
CNR MHCC010125662016
Mr.Vali Mohamed Jiyaullah Shaikh )...Plaintiff.
V/s.
Municipal Corporation of Greater Mumbai )...Defendants.
CORAM : HIS HONOUR JUDGE
SHRI. KISHORE M.JAISWAL
(C.R. NO.08)
DATE : 25/01/2018.
Adv. Mr.Tiwari for the plaintiff.
Adv. Mr.Choudhary with Mrs. Kamble for the defendants/MCGM.
ORAL ORDER
This notice of motion is taken out by the plaintiff for
restoration of dismissed notice of motion no.149/2018. The Municipal
Corporation of Greater Mumbai ( in short 'MCGM') has strongly
opposed the notice of motion by filing reply on affidavit being executed
by SubEngineer of (Building and Factory), 'T' Ward, Mr. D.V.Kulkarni.
2, Heard both the sides.
3. On 11/01/2018 the original notice of motion was
dismissed as the plaintiff has failed to registered the same. Admittedly,
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till the passing of order , the notice of motion was not registered which
was also checked by the typist of this Court. The record shows that since
long, the notice of motion is pending for hearing and from time to time,
the plaintiff has sought for adjournment. The record thus shows that
as the adinterim relief was in favour of the plaintiff on one and the
other count, the matter was adjourned from time to time. May that as it
be, now the plaintiff is ready to contest the dismissed notice of motion
on merits. Upon asking the MCGM, it is intimated that after dismissal
of the notice of motion on 11th January, 2018 till the date, no further
action of demolition is taken by the MCGM. Considering these factors,
in my opinion, one last opportunity needs to be granted to the plaintiff
to contest his original notice of motion on merits with specific
conditions that the plaintiff shall not sought for any further
adjournment for arguing said motion without any genuine reasons.
Hence, I pass the following order.
ORDER
1. Notice of motion no. 167 of 2018 is allowed
and made absolute in terms of prayer clause
(a) and (b) subject to the conditions that on
next date the plaintiff shall finally argue
the notice of motion no. 149 of 208.
2. Notice of motion no. 149 of 2018 be restored.
3. Notice of motion is disposed of accordingly.
(Kishore M. Jaiswal )
Asstt. Sessions Judge,
City Civil & Sessions Court,
Gr.Mumbai.
Date:25/01/2018.
Dictated on : 25/01/2018.
Transcribed on : 01/02/2018.
Signed on :
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“Certified to be True And Correct copy of the Original.
Signed Judgment/Order.”
Upload Date 03.02.2018
Time 11.25 A.M.
Name of Stenographer
(Mrs. V.V.Mhatre)
Name of the Judge (With Court
room No.)
H.H.J Shri Kishore M. Jaiswal
(C.R. No.08)
Date of Pronouncement of
JUDGMENT / ORDER
25/1/2018
JUDGMENT / ORDER signed by
P.O.on
02/02/2018
JUDGMENT / ORDER uploaded on 03/02/2018
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