Final Order 1

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IN THE COURT OF :COURT 43 ADD SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101342/2020
Suresh Vitthal Rao - Suit St. No. 4473/2020 Vs South Indian Welfare Society College
Date : 06-02-2021
Business : Adv. M. V. Holmagi for plaintiff present. Adv. Nilima
Sanglikar with Adv. Shital Ekawade for defendant present.
F. R. S. R. the following order is passed Operative part
1.Notice of Motion No.1425/2020 in Suit
(St.)No.4473/2020 is hereby allowed and made absolute.
2.The plaint in Suit (St.) No. 4473/2020 is hereby rejected
under Order-VII Rule 11(d) of CPC on the ground that
jurisdiction of this court is impliedly barred by the
provisions of Sec.81 of the Maharashtra Public Universities
Act,2016. 3.A decree shall be drawn up accordingly. 4.In
the circumstances of the case, there shall be no order as to
costs. 5.In view of order passed in Notice of Motion
No.1425/2020 in this Suit(St.), the Notice of Motion moved
by the plaintiff i.e. N/M No.1539/2020 does not survive and
it is also disposed of accordingly. Similarly, pending NM in
the suit(stamp), if any, are disposed of as infructious. 6.The
orders regarding interim relief passed by this court on N/M
1425/20 and continued from time to time stands vacated.
7.Suit(St) be registered for statistical purpose. Ld. counsel
for plaintiff submitted that plaintiff want to prefer an
appeal. Therefore, he orally prayed for staying the effect in
operation of this order till the appeal period is over and for
continuation of interim relief granted by this court and
continued till today. The ld. Counsel for defendant opposed
the submissions on the ground that such relief cannot be
granted. Hence, oral prayer may rejected. After hearing
both the sides, I am of the opinion that since this court has
recorded finding that the suit claim has impliedly bared by
law and this court has no jurisdiction, it is not possible to
stay the above order and continue the interim relief granted
in favour of the plaintiff. However, issuance of certified
copy can be expediated, if applied by the parties. It will
serve the purpose. Hence, issuance of certified copy
expedited. . It is pointed out by sheristedar that some
corrections in the record on the part of ld. Counsel for both
the sides would be necessary, to remove the discrepancy
and to set CIS record right and tally with the record of the
case. In view of the above, ld. Counsels for both the sides to
carry out necessary correction under their signature and
computer department is also directed to correct the CIS
record, if found necessary. Sheristedar is directed to provide
authenticated copy of todays Roznama to the Ld Counsels
for both the sides for information and doing the needful.
Nature of Disposal : DISMISSED
Disposal Date : 06-02-2021
COURT 43 ADD SESSIONS JUDGE
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