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\''s 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