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Court Order

Final Order 1

CNR MHCC01006382201927 Jun 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 27 Jun 2019 · CNR MHCC010063822019

Order Details: Other
Pdf Text: 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.
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