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Court Order

Final Order 1

CNR MHCC01006758201823 May 2018
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 1 · 23 May 2018 · CNR MHCC010067582018

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IN THE COURT OF :COURT 11 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102049/2018
Rajendra Prasad Yadav - Suit Stamp No.7012 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. 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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