Final Order 1

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102048/2018
Jignesh Dayabhai Solanki - Suit Stamp NO.7011 of 2018 Vs MCGM
Date : 23-05-2018
Business : By precipee Advocate Mr. V.T Dubey for the Plaintiff
present. Advocate Ms. Hajare for BMC/deft present.
Advocate Mr. V.T Dubey for the Plaintiff present. Advocate
Ms. Hajare for BMC/deft present. Draft N/m along with
affidavit in support taken out by the Plaintiffs for
restraining the Defendant temporarily from demolishing the
suit premises in pursuance to notice dtd 28.04.2018 as well
as order dtd 09.05.2018. t.o.r. Leave granted to register.
Heard. Perused documents and order passed by the
designated officer. According to the Plaintiff, the suit
premises is situated within notified slum. Further it appears
that on 19.05.2018 the Plaintiff has replied the notice
disclosing in it regarding fact that suit premises is situated
within the slum area. Prima-facie speaking order discloses
that it is passed on the basis of want of reply and want of
documents. Therefore in view of reply submitted on
19.05.2018, it is just to give directions to Defendant to
consider already filed reply and documents and thereafter
pass a fresh speaking order, in view of principle of natural
justice. Hence it is just to dispose of, draft N/m by giving
above directions to the Defendant, with this I proceed to
pass the following order Order 1. The Defendant is hereby
directed to pass a fresh speaking order by considering
plaintiff&amp#039s already filed reply and documents
and till then not take any coercive action in pursuance to the
suit notice and order 2. Draft N/m stands disposed of
accordingly and it be register for statistical purpose.
Authenticated copy of roznama be supplied to both parties.
Nature of Disposal : DISMISSED
Disposal Date : 23-05-2018
COURT 11 ADDL SESSIONS JUDGE
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