Date: 05-05-2018
Business: Mentioned by Preciepe.
Advocate Mr. Rohit Pandey for the Plaintiff present.
Advocate Mr. Khandagle for BMC/deft present.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the defendant temporarily from demolishing the suit premises in pursuance to the notice dtd 23.04.2018 t.o.r. Leave granted to register.
Heard. Perused documents. It appears that the deft has issued notice u/s 351 of the MMC Act on 23.04.2018. Further it reveals that the Plaintiff has replied the notice on 2.05.2018. Adv for the Plaintiff has submitted that till today no speaking order has passed. In the facts and circumstances, in view of guidelines issued in case of Mr. Sopan Maruti Thopate and Anr V/s PMC and Anr, 1996 (2) ALL MR 383, it is hereby directed to the Defendant to pass speaking order by considering already field reply by the plaintiff and further directed that till passing speaking order, the defendant shall not take any coercive action in pursuance of notice dtd 23.04.2018. The Plaintiff is directed to produce photographs of the suit property on next date and further directed to maintain status-quo in respect of structure of the suit property. With above directions, draft N/M stands disposed of and it be registered for statistical purpose.
Nature Of Disposal: DISMISSED
Disposal Date: 05-05-2018
