Final Order 1

Order Details: Other
Pdf Text: 6 Dt:10.05.2024
SU 1845/18
Exh. 5
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Murudkar for plaintiff present.
Advocate Suryavanshi h/f Mhatre for defendant No. 1 and 2/BMC
present.
None present for D-3.
F.R. S.R Following order is passed on Notice of Motion No. 2009/2018
ORDER
Notice of Motion is dismissed.
Later on
Adv Murudkar for plaintiff tendered application for ad-interim
protection granted by order, marked as Exh. 5
O- Other side to say.
None for D-3
Adv. Patil h/f Mhatre for deft/BMC has given say on Exh.5 overleaf.
Heard argument of both sides on Exh. 5
Order on Exh. 5
1. The plaintiff has filed this application for extension of of injuction
order till 30.06.2024 to enable the plaintiff to challenge order
dismissing NM, before Hon’ble High Court.
2. Defendant/ BMC opposed application stating that matter is heard
on merit and dismiss, hence present application deserve to be rejected.
3. Heard Advocates for the parties and perused record and
proceeding.
4. The appeal is statutory right of the aggrieved parties. The Advocate
for plaintiff submitted that plaintiff intends to challenge the order
dismissing NM and some time is required to file appeal and summer
vacation is going to start from tomorrow. In the meantime, if structure
is not protected till the filing appeal, there is possibility of demolition
of notice structure and in that event object of filing appeal would be
defeated. Admittedly ad-interim protection was continued during
pending of NM. Therefore considering the submission made by Ld.
Advocate for plaintiff and fact of the case I pass following order.
ORDER
There shall be no coercive action against notice structure for four
weeks from date of uploading order.
Adjd to 04.07.2024 for writ of summons upon deft No. 3 and
additional WS by BMC.
Judge
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