Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :SUIT/0100351/2018
1. Mr. Mohammed Farooque 2. Mohd. Yakub Jumma Shaikh Vs MCGM
Date : 07-02-2018
Exhibits : By Precipe Adv. Surve for Plaintiff present. Adv.
Khandagale for BMC/Deft present and files vakalatnna
TOR. List of document tendered by advocates for Plaintiff.
Draft N/M alongwith affidavit in support taken out by the
Plaintiff for restraining the defendant temporarily from
enforcing notice u/s 354(A) of MMC Act dated 23/08/2017.
t.o.r. Leave granted to register. Heard Learned Adv. for
plaintiff and defendant. Perused documents and pleading of
the Plaintiff. It appears that defendant has passed order on
24/01/2018 for issuance to the notice dated 23/08/2017. It
appears that after passing the order Plaintiff has replied the
notice on 05/02/2018 alongwith the documents. According
to the plaintiffs permission is not require for repairs which
carried out by them
but according to defendants permission was necessary for
the said work.
Business : In the facts and circumstances, in view of principal of
natural justice and guidelines issued in the case of Shri.
Sopan Maruti Thopate and Anr. v/s Pune Municipal
Corporation and Anr., 1996 (2) ALL MR page 383, it is jut
to give the direction to Defendant to pass fresh order by
considering reply dated 05/02/2018. Till passing a fresh
order the defendant is directed not to initiate the action
pursuance to the notice dated 23/08/2017 and order dated
24/01/2018. Thus, with this directions to the defendant,
draft Notice of Motion stands disposed of and it be
registered for statistical purpose. Learned Advocate for
plaintiff had submitted that in view of directions given by
the Court to the defendant, the Plaintiff are not interested to
proceed with the suit. Hence in view of submission of Ld.
Advocate for Plaintiff suit stands disposed of.
Nature of Disposal : DISMISSED
Disposal Date : 07-02-2018
COURT 11 ADDL SESSIONS JUDGE
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