Mr. Jayaram Koraga Shetty +1 moreVsSeema Sunil Mittal +5 more

Date: 23-11-2020
Business: By preciepe. O-allowed
Adv. Mr. Pravin Patel h/f Adv. Mr. Sagar Kamble for the plff present and he tendered draft NM alongwith affidavit in support and the service affidavit. t.o.r. O-Leave is granted to register.
Adv. Mr. Bhadang i/b Humranwala for deft-1 and 2 present and he filed reply to draft NM. t.o.r.
Adv. Mr. Chandrashekhar for deft-3/MHADA present.
Adv. Ms. Chandramore for deft- 4/BMC present.
Heard the Ld advocate for the plaintiff and the defendant Nos. 1 and 2.
The Ld advocate for the plaintiff submits urgency for ad-interim relief in terms of prayer clause (b) to direct the defts to maintain status-quo in respect of land CS No. 176. However, the dispute appears to be only in respect of installation of electricity cabinet for supply to the disputed building-B. The Ld advocate submits that the defendant No.5 be directed to maintain status-quo in respect of such installation and digging in the premises of building-A for laying down the electricity cables. The Ld advocate for deft nos. 1 and 2 who are the developers submits that the electricity cabinet has been already installed and its photographs is produced alongwith reply.  The plaintiff has prayed in the suit that such installation be declared as illegal as not being carried out with consent of the plaintiff/ land owner. Considering the main prayer made in the suit and the interim relief asked in this Notice of Motion it would be just and proper to hear both the parties on this notice of motion and to decide it on its merit. The agreed fact that electricity cabinet has been already installed as is appearing in the photograph with reply is taken on record. There shall not be any excavation on the land of building-A till hearing and decision of this NM.
Matter is adjd. to 27.01.2021 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv. Harshda Kamble for the plaintiff.
Adv. Ms. Mansi  for the defendants No.1 and 2
Adv. Mr. Chandrshekhar for the defendant No.3.
Adv. Chandramore for the defendant No.4.
Adv. Kapse for the defendant No.6
Advocate for the plaintiff has filed pursis/application for withdrawal of suit unconditionally.
ORDER
1. In view of the pursis/application at Exh.6,  the suit is dismissed as withdrawn
2. Suit No.1262 of 2020 is accordingly disposed of.
3. Bill of costs be prepared accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-01-2021

NOTICE OF MOTION/101811/2020

Filing Number: 105386/2020
Filing Date: 02-11-2020
First Hearing Date: 23rd November 2020
Decision Date: 27th January 2021
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE