Interim Order 2

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT NO.5
IN
LONG CAUSE SUIT NO. 270 OF 2018
Santosh Ramchandra Talekar ... Plaintiff
V/s.
Municipal Corporation of
Gr.Bombay ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. RAJESH K. KHOMANE
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 31/10/2022
Adv. Ms. Sarita Donde h/f.Adv.Anand Charanbir for the plaintiff.
Adv. Ms. Deepali Patil for the defendants/BMC.
ORDER BELOW EXH.5
1. By this application, the plaintiff is praying to pass status
quo order for four weeks in respect of suit premises as he wants to
challenge the order passed on Notice of Motion No.1102/2018.
2. Defendants/BMC has filed say to the application and
resisted the application.
3. Perused the application, say and heard both sides
advocates.
4. Today, notice of motion No. 1102/2018 of the plaintiff is
dismissed. The said notice of motion filed for restraining the
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2 N/M No. 1102/2018
defendants/BMC from executing speaking order passed on 22.01.2018
in respect of the suit premises. The suit premises is a shop. According to
the plaintiff, he is carrying business in the suit premises. It is the
contention of the plaintiff that suit premise is not on the public place/
footpath. On the other hand, the defendants/BMC alleged that suit
premise is on footpath/public place. In the notice of motion No.
1102/2018, the plaintiff's contention about the suit premises is not on
public place is rejected and accordingly, notice of motion
No.1102/2018 is dismissed. The plaintiff wants to challenge the said
order before Honourable High Court. However, it is apprehension of the
plaintiff that before filing Appeal in the Honourable High Court, the
defendants/BMC would demolish the suit premises by taking assistance
of police machinery. If such action would be taken by the
defendants/BMC , the purpose of Appeal would be infructuous. Thus, in
view of apprehension of the plaintiff and in the interest of justice,
parties are directed to maintain status quo till two weeks. Hence, I pass
following order
ORDER
Parties are directed to maintain status quo till two weeks
from the date of this order
Application Exhibit No.5 is disposed off.
(Rajesh K. Khomane)
Date31/10/2022 AdhocJudge,City Civil Court,
Gr. Bombay .
Dictated on : 31/10/2022
Typed on : 31/10/2022
Signed on :
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3 N/M No. 1102/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/11/2022 01.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. K. Khomane (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
31/10/2022
JUDGMENT/ORDER signed by
P.O.on
02/11/2022
JUDGMENT/ORDER uploaded on 02/11/2022
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