Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.2317 OF 2018
IN
L.C.SUIT NO.1527 OF 2012
1. Dagadu Tukaram Jadhav (Deleted)
1A. Shri.Ravindra Dagadu Jadhav & Anr. ...Plaintiffs
V/s
MCGM & Ors. ...Defendants
Ld.Advocate Mr.Deepak T.Raut for plaintiff No.1A.
Ld.Advocate Mrs.Mahatre for defendants/BMC.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
C.R.No.8
DATED : 12th November, 2018
ORAL ORDER
The plaintiffs have filed the instant application by Notice of
Motion to pass a decree under O.XII R.6 of The Code of Civil
Procedure,1908. According to the Ld.Advocate for the plaintiffs,
Dy.Commissioner of defendant no.1 Corporation has passed an order
dated 4/5/2018 observing that the act of Assistant Commissioner N
Ward (defendant no.2) demolishing 34 structures by issuing notices
under Section 351 of MMC Act, 1888 seems to be vitiated,biased and in
favour of developer. He has also given his remark that earlier Assistant
Commissioners have failed to apply their mind properly. Ld.Advocate
for the plaintiffs argues that by way of this order the defendant no.1
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Corporation has admitted the plaintiffs' claim and therefore the Court
can pass judgment on such admission of facts.
After careful reading of the said order it is clear that the Superior
Officer viz Dy. Municipal Commissioner in grievance hearing has come
to aforesaid conclusion. It means he was not sitting in an appeal
against the notice under Section 351 of MMC Act. He is not party to the
instant suit. No doubt the observations made by him are in favour of the
allegations made in the plaint. But such observations by the Superior
Officer cannot be termed as admission of fact. The said order can be
used by plaintiff as evidence in support of his claim. The question of
legality/illegality of notice under Section 351 of MMC Act and
subsequent acts pursuant to the said notice will have to be decided on
the basis of documentary evidence filed by both the parties. Therefore,
the instant Notice of Motion to pass judgment on admission is not
tenable. Hence, order.
ORDER
Notice of Motion No.2317 of 2018 is dismissed.
(C.V.MARATHE)
DATE: 12/11/2018 JUDGE
CITY CIVIL COURT
GRATER MUMBAI
Dictated on : 12.11.2018
Transcribed on : 13.11.2018
Signed on : 13.11.2018
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
14.11.2018 at 10.45 a.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI C.V.MARATHE
(C.R. NO.08)
Date of Pronouncement of
JUDGMENT/ ORDER
12.11.2018
JUDGMENT/ORDER signed by P.O.
on
13.11.2018
JUDGMENT/ORDER uploaded on 14.11.2018
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