Final Order 1

Order Details: Other
Pdf Text: 36 10.02.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5
SU. 409/17
NM 861/18
Exh. 7
Adv. Yashwant Ramgiri i/b Adv. N. P. Wagle for Plaintiff present and
filed an application for adjournment.It is taken on record and marked
at Exh.7.
Adv. Som Sinha a/w Adv. Sangita Honmane for defendant/BMC
present.
Order on Exh. 7
Today the Notice of motion is for hearing and in view of granted
sufficient opportunity I do not think it that application deserves to be
granted. It is accordingly rejected.
I have gone through the record, from which it appears that NM No.
861/2018 kept for hearing since long. Earlier NM No. 785/2017 filed
by the plaintiff has been pleased to dismissed by the predecessor of
this court and the said order is challenged by the plaintiff in A.O. No.
749/2023. The Hon’ble High Court by order dated 05.12.2023
upheld the order of this court of dismissal of NM No. 785/2017.
There are certain observations made by the Hon’ble High Court in
para No. 3 and 4 of the order in respect of allotment of Shop No. 12
and rights of plaintiff as well as defendant No. 4. Taking into
consideration those observations, I think it that there will be no point
in proceeding with the Notice of motion No. 861/2018, accordingly
following order is passed -
ORDER
Notice of motion No. 861 of 2018 is hereby disposed of cum
withdrawn.
Matter is adjd to 16.04.2026 for written statement.
Judge
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