Final Order 1

Order Details: Other
Pdf Text: 70 09.02.2026 CORAM: SHRI R. S. ARADHYE ADDL. SESSIONS JUDGE C.R.NO.5
SU. 1580/19
NM 2432/19
None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Order below Exh. 1
From the record it seems that plaintiff has challenged the notice
issued by the defendant/MCGM under section 351 of the MMC Act
1888 and by way of filing notice of motion sought the relief of ad-
interim injunction. However, by order dated 28.06.2019, the
predecessor of this court has rejected the prayer of ad-interim
injunction for the reason that Section 41(d) of Specific Relief Act says
that an injunction cannot be granted to restrain any person from
instituting or prosecuting any proceeding in a criminal matter. The
said order has been challenged by the plaintiff before the Hon’ble
High Court in A. O. No. 707/2019 wherein the impugned notice
dated 11.03.2019 and speaking order dated 14.06.2019 are quashed
and set aside by the Hon’ble High Court. Therefore, when the
impugned notice and speaking order are set aside, I think there is no
point to continue with the proceeding of present suit, so accordingly,
in the result following order is passed -
ORDER
1. L. C. Suit No. 1580/2019 is hereby disposed of cum withdrawn for
the reason of setting aside of impugned notice and speaking order.
2. In view of disposal of suit, NM No. 2432/2019 does not survive so,
stands disposed of.
3. Bill of cost be drawn up accordingly.
Judge
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