Date: 28-08-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed original Notice of Motion No.3245/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Shriya Aamin h/f adv. Parshurame for defendant/MCGM present.
Received Commissioner Report. TOR and marked as
Exh. 6.
Copy of commissioner report is served to advocate for plaintiff and defendant.
KB
LO at 3.50 pm,
Advocate Mohit Jadhav for plaintiff present
Adv. Parshurame for defendant/MCGM present.
Advocate for defendant submitted that he will tender additional documents on record. He seeks time. Time is granted.
The advocate for plaintiff as well as defendant consented for hearing of the motion finally.
Earlier order to continue till next date.
The case is adjourned to 30.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Advocate Mohit Jadhav for plaintiff present
Advocate Parshurame for defendant/MCGM present and filed additional list of documents. TOR and marked as Exh. 7.
Earlier order to continue till next date.
The case is adjourned to 05.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: Advocate Mohit Jadhav for plaintiff present and filed rejoinder. TOR.
Advocate Parshurame for defendant/MCGM present.
Heard advocates for both parties.
Earlier order to continue till next date.
The case is adjourned to 11.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Advocate Mohit Jadhav for plaintiff present.
Advocate Mr. Giri h/f adv. Parshurame for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 19.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Advocate Megha Shigwan h/f adv. Mohit Jadhav for plaintiff present.
Advocate Parshurame for defendant/MCGM present.
Papers received from Decree department today morning.
Earlier order to continue till next date.
The case is adjourned to 23.09.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: Advocate Kajal Chaurasiya h/f adv. Mohit Jadhav for plaintiff present.
Advocate Parshurame for defendant/MCGM present.
F.R.S.R. following order is passed in Notice of Motion No. 3245/19 -
ORDER
Notice of Motion No.3245/19 is dismissed with costs.
Advocate for plaintiff filed application seeking extension of ad-interim injunction. TOR and marked as Exh. 8.
O-Otherside to say.
Say filed by advocate for BMC on overleaf the application.
Perused. Heard.
Advocate for plaintiff submitted that the NM is dismissed today however, till today the status-quo was granted by the Court. He requested to extend it for eight weeks as plaintiff intends to prefer and appeal from order before the Hon\''ble High Court. According to him if the status-quo is not extended, defendant will demolish the suit premises causing irreparable loss to the plaintiff.
On the other hand, advocate for defendant opposed such request by the plaintiff on the ground that, the motion is already dismissed on merits and if now, the status-quo is extended, then in effect it will amount to stay the implementation and execution of impugned notice and order.
Having heard the advocates for the parties to the suit and considering the circumstances, to my mind the status-quo can be extended by a week to afford an opportunity to the plaintiff to approach the Hon\''ble High Court in appeal and further to see that the situation would not be irreversible by the time plaintiff prefers an appeal. Hence the order-
ORDER
1. Application Exh. 8 is partly allowed.
2. Parties are directed to maintain status quo for a period of one week from today
3. Costs in cause.
The case is adjourned to 07.12.2019 for framing issues.
Nature Of Disposal: DISMISSED
Disposal Date: 23-09-2019