Date: 27-03-2018
Business: Mentioned by praceipe. NOB. TOB.
Adv. R. D. Thorat for plaintiff tender draft NM with affidavit seeking interim reliefs for restraining the defendant from demolishing the notice structure. Leave to register is granted.
The P.O. is busy in dictating Judgment in sessions Case No.768/2016. Heard, Adv. Thorat for plaintiff and Adv. Chandramore and Mr. V.P. Sakharkar, Sub Engineer, D Ward, for BMC. Mr. V.P. Sakharkar, submits that the structure is partly demolished. However, he made a statement that till tomorrow passing directions upon hearing on ad-interim reliefs he will not take further action for demolition of the notice structure. His statement is accepted and taken on record. Adv. Thorat submits that the statement relating to part demolition of the notice structure is not correct.
By consent the matter is kept in first session. Liberty is granted to mention the matter.
Adjd. for arguments on ad-interim reliefs to 28.03.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2018
Date: 28-03-2018
Business: Resumed.
Heard, Adv. Thorat for plaintiff and Adv. Chandramore with MR. Sakharkhar, Sub Engineer for defendant.
Due to paucity of time as the P.O. is busy in hearing of NM No. 1259/2018 in L. C Suit No. 655/2018 and Judgment in Sessions Case No. 36/2016, the matter is adjourned for orders on ad-interim reliefs on 31.03.2018. Earlier order if any to continue till the next date.
Adjd. for ad-interim orders to 31.03.2018.
Next Purpose: ORDER
Next Hearing Date: 31-03-2018
Date: 31-03-2018
Business: Resumed.
Adv. R. D. Thorat for plaintiff, None for defendant corporation.
FRSR the following order is passed on draft NM -
ORDER
1. The ad-interim relief in respect of draft Notice of Motion is rejected.
2. The notice of motion be registered as early as possible.
Adjd. for reply to NM to 02.05.2018.
Next Purpose: REPLY
Next Hearing Date: 21-04-2018
Date: 21-04-2018
Business: Resumed.
Adv Yadav for Plaintiff is present.
Adv Rawade for BMC is present.
Adv Yadav seeks time on the ground that Adv B.P. Shukla is busy in Dindoshi Court.
Earlier order if any, to continue till next date.
Matter adj for argument on ad-interim on 24.04.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2018
Date: 24-04-2018
Business: Resumed.
Adv. Gopalkrishnan Nair for plff.
Heard adv Gopalkrishnan on application Ex.7. P.O. is busy of passing order in Suit no.4072 of 2013. Hence,
Adjd. for order on Exh.7 to 25.4.2018.
Next Purpose: ORDER
Next Hearing Date: 25-04-2018
Date: 25-04-2018
Business: Resumed.
Adv. Gopalkrishna Nair i/b Flavia Legal for plaintiff and Adv. Chandramore for BMC.
FRSR the following order is passed on Exh. 7.
ORDER
1. The application Exh.7 is allowed.
2. The plaintiff is allowed to withdraw L. C. Suit no.871 of 2018 with liberty to file application for restoration of L.C. Suit no. 2276 of 2011 with application for condonation of delay, if any.
Order Below Exh. 1
1. In view of granting leave below Application Exh.7 to withdraw the suit with liberty to file application for restoration with application for condonation of delay, the present suit is disposed off as withdrawn.
2. No order as to costs.
3. Court fee be refunded to the plaintiff as per rules.
Order on draft NM
1. In view of granting leave below Application Exh.7 to withdraw the suit with liberty to file application for restoration with application for condonation of delay, and disposing the suit as withdrawn, unregister notice of motion is also dismissed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 25-04-2018
