Harishchandra Ramnath Yadav - Suit St. No. 7676 of 2019VsMCGM

Date: 12-07-2019
Business: By praecipe
Advocate Sanjay Prabhu for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Heard.
Proceedings indicate that notice u/s 351 was pasted on 20.06.2019.  The plaintiff has filed reply on 25.06.2019.  However the speaking order dated 04.07.2019 states that plaintiff has not filed reply.  Thus the speaking order is passed without considering the reply.
In view of this prima facie the case is made out by the plaintiff. Hence the order -
                            ORDER
1. The defendant is directed not to act upon the impugned notice and impugned order.
2. The defendant shall consider the reply dated 25.06.2019 and the documents submitted with it and shall pass fresh speaking order.
3. The defendant shall not take action against the suit premises till passing fresh speaking order and two weeks thereafter if the order is against the plaintiff.
4. The draft NM is disposed off accordingly.
5. It be registered for statistical purposes.
In view of above order, the suit also can be disposed off.
Advocate for plaintiff has no objection for the same. Hence, the suit is disposed off with no order as to costs.
Authenticated copy of roznama be given to parties.
Nature Of Disposal: OTHERWISE
Disposal Date: 12-07-2019

Filing Number: 107757/2019
Filing Date: 15-07-2019
Decision Date: 12th July 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE