Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102051/2018
Shri Sakharam Dagdu Sanas - Suit Stamp No. 6632 of 2018 Vs MCGM
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
COURT 11 ADDL SESSIONS JUDGE
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