Final Order 1

Order Details: Other
Pdf Text: 07.10.2025 CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
Sr. No. 40
SU 1208/20
NM 1430/20
Adv. Ms. Arifa Shah h/f Adv. Mr. Wasim Khan for the plaintiff is
present. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Kept back.
Later on 3.40 p.m.
Adv. Mr. Wasim Khan for the plaintiff is present. Rest appearance is
as above.
Today, Notice of motion No. 1430/2020 is for Order. I have
perused NM. The defendant has failed to file affidavit in reply. I had
also heard Ld. advocate for the plaintiff and defendant.
In the NM plaintiff has sought relief of temporary injunction
that defendant be restrained from demolishing the suit premises in
pursuant to Notice dtd. 31.07.2020.
On perusal of the record it is clear that Speaking Order is not
yet passed against the plaintiff.
In such a contingency defendant is directed to pass Speaking
Order and also further directed that it should not take any coercive
action in respect of suit premises till passing of Speaking Order.
Therefore, cause of action does not survive and the NM No.
1430/2020 and suit is disposed of with liberty to the plaintiff to file
fresh suit after Speaking Order is passed on new cause of action.
Judge
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