Mr. Mohd Ayaz Khan S/o Mohd Ibrar KhanVsMCGM

Date: 27-06-2019
Business: By praecipe
Advocate Mukesh Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Ms.Mhatre for defendant/MCGM present.
Heard.
Advocate Dubey submitted that the notice u/s 354A is served on the plaintiff on 21.06.2019.  The plaintiff has replied said notice. The reply is received by defendant on 24.06.2019.  Till date no speaking order is passed. However, threats of demolition are given.
     Adv. Ms. Mhatre submitted that no speaking order is yet passed.
      In such circumstances, the Notice of Motion as well as the suit can be disposed off by directing the defendant not to take action in pursuance to notice dated 17.06.2019 i.e Exh. C to the plaint till passing of the order and two weeks after the communication of speaking order to the plaintiff, in case the speaking order is adverse to the plaintiff. Hence the order,
                                           ORDER
1. Defendant is directed not to act upon notice dated 17.06.2019 i.e. Exh. C to the plaint till passing of speaking order and, in case, the speaking order is adverse to the plaintiff then for further two weeks from the date of communication of speaking order to the plaintiff.
2. The draft Notice of Motion as well as the suit is disposed off.
3. The draft Notice of Motion be registered for statistical purpose.
4. No order as to costs.
5. Authenticated copy of roznama be given to the parties.
Nature Of Disposal: OTHER
Disposal Date: 27-06-2019

Filing Number: 106914/2019
Filing Date: 25-06-2019
First Hearing Date: 27th June 2019
Decision Date: 27th June 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE