Date: 05-02-2018
Business: Matter pertains to C. R. No. 8.
Mentioned by Preciepe.
Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Mr. Kumawat for BMC/deft present.
Original registered N/M no. 441/18 alongwith further affidavit in support tendered by the Plaintiff. t.o.r.
Heard Ld adv for the plff and the Defendant. Admittedly, the suit has been dismissed in default and present Plaintiff has taken out this N/M for setting aside dismissal order and restoration of the suit, wherein the Plaintiff has prayed continuation of earlier dtd 8.12.2014. Today, the plff has come before the court with the preciepe. Adv for the Plaintiff has submitted that the Defendant has initiated demolition at 2.00p.m. It appears that in the suit, N/M no. 1003/12 had been taken out and on merits it was decided and granted protection to the suit structure. It reveals that speaking order has not been passed, pursuance to the suit notice.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 12-02-2018
Date: 12-02-2018
Business: Adv. Mukesh Dubey for plaintiff present.
Adv.Mr.Kumawat h/f Adv.Mr.Giri for BMC/Deft. Present.
Adv. For MCGM filed reply to the n/m. Copy served to the plaintiff. Adjd.for n/m hearing to 7/3/2018.
Earlier order to continue till next date.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 07-03-2018
Date: 07-03-2018
Business: Adv.Mr.S.K.Dubey for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Heard both the sides in N/m No.441/18.
F.R.S.R.Following order is passed
ORDER
1 Notice of Motion no.441/18 is allowed and made absolute in terms of prayer clause (A) subject to condition that plaintiff shall pay the cost of Rs.1000/-(Rupees One thousand only.) to DLSA, Mumbai within period of one week.
2 After payment of cost the suit No.516/2012 be restored to its original position and on 19.03.2018 the plaintiff shall file the affidavit of evidence. The case shall be fixed for cross examination of P.W.no.1 on 02.04.2018. The plaintiff shall not seek any further adjournments.
3 Notice of Motion is disposed of accordingly.
Earlier order to continue till next date.
Nature Of Disposal: ALLOWED
Disposal Date: 07-03-2018
