Sushila Chaganraj Parmar - Suit St. No.1777 of 2019VsMCGM And Anr

Date: 14-02-2019
Business: Advocate Mr. R. P. Singh for Plaintiff present and filed registered NM No.647/19 with affidavit in support, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
Heard arguments of advocate Mr. R. P. Singh for Plaintiff and advocate Ms. Tondwalkar for BMC.  Learned advocate for Plaintiff placed reliance on rent receipts and argued that those receipts make it clear that suit premises is having ground plus first floor, hence no new construction is made at suit premises as alleged in disputed notice, therefore notice u/s 351 A of BMC Act was necessary to be issued and notice u/s 354 A of BMC Act is not maintainable and on that ground injunction is necessary to be granted.
Learned advocate for Defendant submitted that, assessment bill shows that initially there was tiled shed at suit premises and at present there is ground plus first floor structure, however Plaintiff has not produced any document on record to show that the construction of said first floor is made by obtaining construction permission, hence NM is necessary to be dismissed.
Case is adjourned to 16/02/2019 for Order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Advocate Mr. R. P. Singh for Plaintiff present.
Advocate Ms. Hajare h/f Adv. Tondwalkar for BMC/Deft present.
Order partly dictated.
Case is adjourned to 18/02/2019 for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2019

Date: 18-02-2019
Business: Advocate for Plaintiff present.
Advocate for BMC/Deft present.
F.R.S.R. following order has passed -
                               ORDER
Notice of motion No.647/2019 is made absolute in terms of
prayer clause (a) of notice of motion.
Case is adjourned to 25/03/2019 for Draft issues.
Nature Of Disposal: ALLOWED
Disposal Date: 18-02-2019

Filing Number: 101915/2019
Filing Date: 14-02-2019
First Hearing Date: 14th February 2019
Decision Date: 18th February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE