Final Order 1

Order Details: Notice of Motion
Pdf Text: Dt.21/01/2019
St. No.
14039/18
CORAM : H.H.J SHRI. C. V. MARATHE (C.R.NO.08)
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 adinterim 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.
Judge
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