Final Order 1

Order Details: Other
Pdf Text: 35 Dt:27.06.2025
SU 2296/23
NM 984/19
Exhibit 2
CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present and
filed pursis thereby informing that structure is already
demolished by the defendant by following due process law so
also alternate accommodation is already allotted to the plaintiff
the pursis Taken on record. It is marked as Exhibit 2. O- Filed.
The following Order is passed in NM No. 984/2019.
ORDER
01 None appeared for the plaintiff when the NM was called for
hearing.
02. Ld. Adv for defendant is present and she submitted that the
suit structure is already demolished by following due process of
law and the structure was decided eligible following which
alternate accommodation is already allotted to the plaintiff. In
the event she prayed for rejection of the NM.
03. Having scanned NM record it reveals that earlier ad-interim
protection was granted in favour of the plaintiff. However, later
on it was vacated by this Court vide Order dtd 23.07.2019 below
NM bearing No.2940/2019. More and above now, the defendants
fairly submitted before the Court that the structure is already
demolished by following due process of law and the plaintiff has
been conferred with alternate commercial accommodation. There
is nothing placed on record suggesting contrary to that effect.
With demolition of structure, I believe, there remains nothing
surviving in the cause of action for the NM. In the event there is
no substance to grant any substantial interim relief in favour of
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to be cont….
SU 2296/23
the plaintiff. The NM deserve disapproval. Ergo the Order :
ORDER
01. Notice of Motion No. 984/2019 is dismissed.
02. Notice of Motion No. 984/2019 is disposed of accordingly.
Adjourned for writ of summons to 01.08.2025.
Judge
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