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Court Order

Final Order 1

CNR MHCC01001445201906 Feb 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 06 Feb 2019 · CNR MHCC010014452019

Order Details: Other
Pdf Text: IN THE COURT OF HHJ Shri. K. P. Kshirsagar
COURT 5 ADDL SESSIONS JUDGE
Case No.: SUIT / 101197 / 2019 CNR Number: MHCC010014452019
Seema Rajendra Kookada Vs MCGM
Sheela K Mistry Advocate /
Todays Date Roznama Next/Disposal Date
06-02-2019
Mentioned by pracipee.
Adv. P.D. Gandhi for plaintiff tendered draft NM along
with affidavit seeking ad-interim injunction for
restraining the defendants from demolishing the notice
structure without following the due process of law.
According to him the officers of the defendant without
passing the final order are bent upon to demolish the
notice structure.
Adv. Pradip Patil with Mr. Vinod Ghane, Sub Engineer, A
ward for MCGM are present before the Court. Adv. Patil
on instructions submits that no such threats are given to
the plaintiff and that action if any, will be taken by
following due process of law after passing final order. He
further submits that the suit is premature.
Adv. Gandhi on instruction submits that in view of the
aforesaid submission made by the concerned sub engineer
the plaintiff may be permitted to withdraw the suit
unconditionally.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Considering the aforesaid submissions the suit is
disposed off as withdrawn unconditionally. The notice
of motion is also disposed off as withdrawn. The plaintiff
is directed to register the suit and motion for statistical
purposes.
An ordinary copy of this order duly authenticated by
Sheristedar of this Court be supplied to both the parties.
WITHDRAWL: Proceeding is closed
Judge
06-02-2019
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