Interim Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT NO.3
IN
LONG CAUSE SUIT NO.765 OF 2019
Jairaj Lakhiram Jaiswar ... Plaintiff
(Since Deceased Deleted)
1 (a). Smt. Sita Jairaj Jaiswar and Ors. … Plaintiffs.
V/s.
Municipal Corporation of Greater Mumbai ...Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI
DATE : 02/03/2022
Appearance
Adv. Mr. D. A. Thorat for the plaintiff.
Adv. Mr. Dharmesh Vyas alongwith Adv.Ms. Deepali Patil for the
Defendant/BMC.
ORAL ORDER
1. Perused the application and say. Heard the parties at the
length.
2. The notice of motion is decided on merits. As discussed in
detail, there is prejudice to plaintiff if the structure is demolished as it
will demolish any how for public infrastructure project i.e. road
widening. The plaintiff has obtained interim stay order and it has
caused substantial delay from the date of the suit till today which is
approximately more than three years. It has resulted into substantial
increase in project cost for which plaintiff is responsible, but cannot be
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held accountable. The copy of the order is ready and already uploaded
in CIS.
3. In this background, this Court do not find any justifiable
reason to extend the stay where there is no purpose to be served by it.
Hence, the following order is passed.
ORDER
Application Exhibit No.3 is rejected.
(Smt. S.G.Shaikh)
Date02/03/2022 Judge,City Civil Court,
Gr. Bombay.
Dictated on : 02/03/2022
Typed on : 02/03/2022
Signed on :
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
02/03/2022 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
02/03/2022
JUDGMENT/ORDER signed by
P.O.on
02/03/2022
JUDGMENT/ORDER uploaded on 02/03/2022
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