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Court Order

Final Order 1

CNR MHCC01005682201923 Jun 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 23 Jun 2023 · CNR MHCC010056822019

Order Details: Other
Pdf Text: 23.06.2023
Sr. No. 31
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1280/19
NM 2053/19
NM 2051/19
Adv. Mr. V. T. Dubey for the plaintiff is present and submitted that
the rozanama dtd. 13.06.2019, the NM should be dismissed of. He
not pressed NM No. 2053/19. Hence, NM No. 2053/19 is disposed
of as not pressed.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed in NM No. 2051/2019.
-: O R D E R :-
1. The record shows that till date, the defendant failed to contest
the suit and to rebut the plaintiff’s stand that no Speaking Order is
passed in this matter. Although, sufficient opportunities are given to
the defendant to clearify the position on record, but all in vain. The
suit is filed in 2019 and since then, the interim order is continued
in favour of the plaintiff. It appears that by Order dtd. 13.06.2019,
the defendant was restrained to demolish this notice structure and
was also directed to file reply, wherein he failed. In this way, there
is no change in scenario which was prevailling while passing of the
said interm relief. In the result, NM No.2051/2019 is disposed of,
restraining the defendant from taking any coercive steps against the
notice structure, except by following the due process of law.
Adjourned for RE (Without WS) to 21.08.2023.
Judge
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