Date: 18-01-2019
Business: Adv Mr.D.V.Saroj for plff present and tendered original NM No.252/19 and ch/sum no.103/19. It is TOR.
Adv Mrs.Bhoir for BMC/deft. present and filed say on ch/sum.
Adjd to 21/01/2019 for NM reply and ch/sum hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv D.V.Saroj for plff present.
Adv Mrs.Bhoir for BMC/deft. present
K.B..
Later on..
Adv D.V.Saroj for plff present.
Adv Mrs.Bhoir for BMC/deft. present and filed reply to NM. It is TOR.
Copy is served to other side.
Heard arguments of both sides.
Order on Notice of Motion No.252 of 2019 -
Perused the application, reply filed by thereto and heard both parties at length. Roznama reveals that on 15/10/2018 ad interim relief was rejected for want of authorization of suit structure and for failure of plaintiff to show that the suit premises was a tolerated structure. The defendant corporation has submitted affidavit in reply stating that on 25/10/2018 action of demolition is taken against the suit premises. According to the plaintiff, the suit premises was partly demolished and by way of instant motion he is praying to protect his undemolish part till disposal of the suit. As observed earlier the plaintiff is not entitled for ad interim relief for want of prima facie case in his favour. He did not challenge the rejection of ad-interim relief in superior court. Now, when the defendant corporation is implementing its notice and order u/s.351 of MMC Act, the plaintiff has come before the court. As such is not entitled for any relief in terms of prayer clauses (a) and (b). Hence, Notice of motion is dismissed.
The plaintiff is directed to register the suit on or before next date.
Adjd to 27/02/2019 for ch/sum hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 21-01-2019
