Final Order 1

Order Details: Other
Pdf Text: Dt:09.02.2024
SU 186/2020
Exh. 6
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Rajesh Sahane for plaintiff present.
Plaintiff no. 2 present.
Advocate Jyoti Patil-Mhatre for defendant/BMC present.
BMC officer Sandesh D. Kamble, JE (Maintenance), N Ward
present.
Partly heard argument of both sides on ad-interim relief.
KB.
L. O. at 3.35 PM.
Adv. Rajesh Sahane for plaintiff present.
Plaintiff no. 2 present.
Advocate Jyoti Patil-Mhatre for defendant/BMC present
and tendered affidavit of documents, Exh. 6. Copy
Order on ad-interim relief on draft NM:-
order
Plaintiff taken out draft Notice of motion and prayed for
ad-interim relief. Advocate for plaintiff submitted that this
court by order dated 22/06/2023 disposed off n/m no. 345
of 2020 with direction to concerned officer to pass speaking
order with protection of 7 days to structure if order is
adverse. Accordingly DO has passed order on 31/01/2024
however plaintiff was not informed which document are
required for deciding eligibility. He further submitted that
on 31/10/2023 plaintiff was called for personal hearing.
However plaintiff submitted an application for adjournment
with inward department. Thereafter plaintiff was not
called upon hearing and order came to be passed without
given opportunity to the plaintiff to submit document.
Advocate for plaintiff submitted that plaintiff is having
various document showing the authenticity of structure.
Advocate for BMC submitted that they order dated
30/01/2014 has been passed as per direction of this court.
However designated officer afforded opportunity of hearing
to the plaintiff but he remain absent and not submitted any
document. It is further submitted that plaintiff has not
produce any document to prove legality of structure. Hence
plaintiff is not entitled to ad-interim relief.
This court has order dated 22/06/2023 disposed off n/m as
per the statement made by officer of BMC that they will
pass speaking order. It is contention of plaintiff that he is
having documents but BMC has not informed him which
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documents are required to them. Therefore plaintiff could
not file relevant document. Advocate for plaintiff submitted
plaintiff be granted to liberty to submit all documents with
direction to Designated officer to pass fresh speaking order.
In such circumstances if opportunity is given to the plaintiff
to submit all document relating to suit structure with
request to DO to pass fresh speaking order. If this course is
adopted further litigation will be curtailed. Therefore I
passed following order :-
Order
1) Plaintiff is directed submit all the relevant document
within a week to Assistance commissioner N Ward, BMC.
2) The Assistance commissioner to pass fresh speaking
order by considering the documents submitted by plaintiff.
3) If order is adverse against the plaintiff no coercive action
be taken against suit structure for 7 days from the date of
communication of order.
4) In view of above order nothing remains in the suit and
motion, hence suit as well as draft n/m disposed off.
5) Plaintiff to get register n/m.
Judge
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