Final Order 2

Order Details: Order below exhibit
Pdf Text: 1 L.C.S. No.1046/18 (O.Exh.6)
MHCC010047802018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
LONG CAUSE SUIT No.1046 OF 2018
Mr. Vasant s/o. Nanji Dedhia
& Ors. … Plaintiffs
- Versus -
The Municipal Commissioner,
MCGM and Ors. … Defendants
Appearance :-
None for plaintiffs.
Mrs. Metakari, Advocate for defendant No.1/M. C. G. M.
Mr. Bharucha, Advocate for defendant No.2.
CORAM : S. H. SALUNKHE,
AD-HOC JUDGE CITY CIVIL COURT,
COURT ROOM NO.4.
DATED : 19/11/2024.
ORDER BELOW APPLICATION EXHIBIT-6 :
. The defendant No.2 has filed this application under Section
151 of The Code of Civil Procedure (in short the C. P. C.), for dismissal
of suit.
2] It is stated that Technical Advisory Committee (T. A. C.) in
its meeting dated 30/9/2019 categorized suit building 'dangerous' and
'dilapidated' falling in C-1 category requiring immediate evacuation and
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2 L.C.S. No.1046/18 (O.Exh.6)
demolition. The plaintiffs have challenged notice under Section 354 of
The Mumbai Municipal Corporation Act (in short the M. M. C. Act)
dated 10/4/2018. However, as per the orders of the Hon'ble Bombay
High Court dated 6/10/2023, 7/11/2023 and 12/4/2024 defendant
B.M.C. has issued notice under Section 354 of the M. M. C. Act and
demolished suit building. In the circumstances, suit became infructuous
and be disposed of.
3] In spite of sufficient time and opportunity the plaintiffs
have not filed reply. Neither the plaintiffs nor their advocate remained
present hence application is being decided without their reply.
4] Learned advocate for the defendant No.2 submitted that
the Hon'ble Bombay High Court by order dated 6/10/2023 disposed of
Appeal From Order No.777 Of 2022 challenging dismissal of Draft
Notice of Motion for temporary injunction with directions to the parties
to execute Permanent Alternate Accommodation Agreement and the
appellants to vacate structures within time and in case of default to
execute Permanent Alternate Accommodation Agreement or to vacate
suit structures, it shall be open to the B. M. C. to demolish suit
structures without further notice. Thereafter on 7/11/2011 and
12/3/2024 the Hon'ble High Court passed similar orders in connected
appeals. It is further submitted that thereafter the B. M. C. has issued
notice under Section 354 of the M. M. C. Act and demolished suit
building. It is further submitted that in view of demolition of suit
building suit became infructuous and, therefore, suit has to be disposed
of under Section 151 of the C. P. C. In support of this submission he
relied on judgment of the Hon'ble Apex Court in the matter of Shipping
Corporation of India Ltd. Versus Machado Brothers and Others [(2004)
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3 L.C.S. No.1046/18 (O.Exh.6)
11 Supreme Court Cases 168] in which it is held that by a subsequent
event, if original proceeding has become infructuous it will be duty of
Court to take such action as is necessary in interest of justice, which
includes disposing of the infructuous litigation.
5] In the case at hand, the plaintiffs have not denied
contentions of the defendant No.2 that suit building has been
demolished by the B. M. C. in view of order passed by the Hon'ble High
Court. The Hon'ble High Court directed the B. M. C. to demolish
building vide notice under Section 354 of the M. M. C. Act. Therefore,
considering the facts of case and judgment of the Hon'ble Apex Court in
the matter of Shipping Corporation of India Ltd. Versus Machado
Brothers and Others (supra) suit is liable to be disposed of in exercise of
the powers under Section 151 of the C. P. C. Hence the order :-
O R D E R
Suit is disposed of in exercise of power under Section 151
of The Code of Civil Procedure.
Date : 19/11/2024. ( S. H. SALUNKHE )
Ad-hoc Judge City Civil Court,
Court Room No.4, Gr. Mumbai.
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4 L.C.S. No.1046/18 (O.Exh.6)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
05/12/2024 12:35 p. m. V. V. Kulkarni
NAME OF STENOGRAPHERUPLOAD DATE TIME
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 19/11/2024
ORDER Typed on 04/12/2024
ORDER signed by P. O. on 05/12/2024
ORDER uploaded on 05/12/2024
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