Date: 31-03-2018
Business: Adv. Mr. Pratap Singh for the plaintiff present.
Adv. Mr. Khandagale for BMC/Deft.present.
Mr. Lankesh Sakhare, Sub-Engineer, Water H/E, Civil maintenance present.
Mr. Malavankar, Sub-Engineer, \''L\'' Ward present.
Exh. 2 - List of documents filed by BMC/Deft. Taken on record.
O-filed. Heard learned advocate for the plaintiff and learned advocate for the defendant.
Learned advocate for the plaintiff has submitted that this court has jurisdiction to try and entertain the suit in view of section 9 of CPC. It seems that in view of order passed by Hon\''ble High Court in Notice of Motion no. 350/15 in PIL 140/2006 and further orders passed in PIL no. 140/2006 on 16.02.2018, the defendant corporation has initiated the action in respect of suit property. In view of directions given by Hon\''ble High Court on 03.07.2015 in para no. 14, this court has no jurisdiction to entertain the suit, as it is filed by the plaintiff for seeking reliefs pursuance to the implementation of the order passed by Hon\''ble High Court in PIL no. 140/2006 on 16.02.2018. Therefore, suit is to be disposed of, as this court has no jurisdiction to entertain the present suit. Hence, suit stands disposed of and accordingly draft notice of motion stands disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 31-03-2018
