Date: 27-06-2018
Business: Adv. Mr. Kapadia for plaintiff present.
Adv. Mr. Giri for BMC/Defendant present.
Mr. Swapnil Hari Pawar, Sub Engineer, BMC present.
Heard advocate for plaintiff and Defendant.
Sub Engineer is present before the Court. He submitted that in view of the direction given by the Honble High Court in Writ Petition No. 847 of 2012, Writ Petition (L) 2043 of 2014 the Corporation is directed not to take any coercive action. Therefore in view of the said directions the Corporation is withdrawing the notice/order. Therefore cause of action not survives. The prayer is made on behalf of the defendant/Corporation to dispose of the suit. The advocate for plaintiff consented for disposal of suit. The advocate for plaintiff submits that in view of the submission made by the officers that liberty be granted to them to file fresh suit observing that the matter is not decided on merit. In view of the submission made by the officer about withdrawal of the notice, no cause of action survives. Therefore, suit itself become infructuous.
Hence, prayer made for disposal of suit is hereby allowed with observations that the matter is not decided on merit. Leave is granted to the plaintiff to file fresh suit if fresh notice is issued by the Corporation.
All contentions on merit are kept open.
Notice of Motion No. 2278 of 2018 accordingly disposed off.
Stamp be registered for statistical purpose.
Authenticated copy be given to advocate for plaintiff
duly signed by Sheristedar.
Nature Of Disposal: OTHER
Disposal Date: 27-06-2018
