Final Order 1

Order Details: Other
Pdf Text: 2 Dt:14.09.2023
SU 616/2019 @
NM 1085/19 @
NM 3214/23
CORAM H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Dinesh Shinde h/f adv. Tendulkar for plaintiff
present.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for defendant No. 4.
Order below Exh-9
The plaintiffs intend to challenge order dismissing notice of
motions. However, some time is required for preferring
appeal by obtaining certified copy. Therefore, the plaintiff
prayed that defendant/BMC be directed not to take
coercive steps for four weeks.
Advocate for defendants strongly opposed application.
Heard advocate for the plaintiff and defendant/BMC.
The plaintiff have challenged notice issued by
defendant/BMC u/s 354 of the MMC Act. The plaintiff
intend to challenge the order dismissing notice of motion.
The appeal is the statutory right of the aggrieved party. It is
contention of the plaintiff that if the status quo is not
granted, there is possibility of demolition of notice structure
and in that event object of preferring appeal would be
defeated. Therefore, considering the facts of the case, I
passed following order:-
Order
Defendant/BMC shall not take coercive steps for two weeks
from today.
The Notice of Motion No. 1085/2019 is already disposed of
on 11.09.2023 by passing separate order. Hence be
disposed off in CIS.
Adjd to 16.12.2023 for hearing on issues/draft issues.
Judge
-- 1 of 1 --