Final Order 1

Order Details: Other
Pdf Text: 01.08.2022
Sr. No. 46
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1071/19
NM 2343/19
NM 2306/19
Adv. Mr. Mukesh Dubey for the plaintiff is present.
None present for defendant No.1. The suit is proceeded without
NM reply and WS of the defendant No. 1
Adv. Mr. Khandagale for defendant No.2/MCGM is present and
orally requested for time to file NM reply. Sufficient time is already
granted. Hence, this request is discarded. The suit is proceeded
without NM reply and WS of the defendant No. 2.
Order below exhibit No. 01:
The record shows that the plaintiff filed Contempt NM No. 2306 of
2019 under Order 39, Rule 2A of the C.P.C. against defendant No.
1. Needless to say that the relief claimed in this Contempt NM can
not be decided alongwith the suit, in view of the ratio laid in the
case of Rampyaribai wd/o. Sukhdeo Daga and others Vrs. Niladevo
wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213. In
the result, the Contempt NM No. 2306/2019 stands disposed off as
not maintainable alongwith the suit. The plaintiffs are placed at
absolute liberty to file separate Miscellaneous Judicial Case as
regards the alleged contents, if they so desire.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (No reply) to 03.10.2022.
Judge
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