Date: 11-03-2020
Business: Adv. Mr. Holamagi for the Plaintiff present and he filed registered N/M no. 1059/2020 alongwith affidavit in support. t.o.r Copy supplied to the other sides.
Adv. Mr Kandekar for Defendant/MHADA present.
The suit is already dismissed in default. N/M no. 1311/2016 is tendered today after its registration, which is for restoration of the suit which was dismissed in default on 17.07.2015. Copy of this N/M is supplied to the other side. At the same time, the Plaintiff has taken out another N/M No. 1059/2020 asking temporary relief to direct the Defendant to remove the lock immediately so as to unable to Plaintiff to use, enjoy the transit camp accommodation and in the alternative to appoint the Court Receiver. The Plaintiff has taken out the Ch/s no.515/2019 praying and amendment in the plaint to delete room No 59 and placed it with room No. 1907. It appears that the Plaintiff has taken out N/M no. 1059/2020 and Ch/s no. 515/2019 as if the suit has been restored and ought to have been restored in routine course. The N/M no. 1059/2020 and Ch/s no. 515/2019 are prematured as they have been filed before the restoration of the suit. Thus, they are disposed of with liberty to file the same, if the suit is restored.
Matter is adjd. to 2.04.2020 for reply and N/M hearing no. 1311/2016.
Nature Of Disposal: OTHERWISE
Disposal Date: 11-03-2020
