Date: 07-09-2019
Business: By Praecipe
Advocate Kudalkar for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate for plaintiff also filed application to take photographs of the suit premises on record. TOR and marked as Exh. 2.
O- Production is allowed.
Advocate Ms. Chavan for defendant /MCGM present.
Mr. Ratnakar V. Sasane Jr. Engineer (B and F) \''S\'' ward present.
Advocate for MCGM filed list of documents with affidavit TOR and marked as Exh. 3.
Adv. Ms. Chavan, on instructions by Mr. Sasane, submits that the final order, in pursuance to impugned notice, is yet not passed. She also submits, on instructions by Mr. Sasane, that the suit premises is not yet demolished.
Considering above statements, the motion as well as the suit itself can be disposed of by directing the defendant to pass speaking order and meanwhile protecting the suit premises.
Hence, the following order-
ORDER
1. The defendant shall pass a speaking order considering the reply and documents, if any, filed by the plaintiff.
2. The plaintiff is at liberty to produce additional documents before the designated officer within a week from today. If such documents are produced, the defendant shall consider said documents also while passing the speaking order.
3. The defendant shall not act upon the impugned notice till passing of the speaking order and two weeks thereafter from the date of service of speaking order on the plaintiff, in case the speaking order is adverse to the plaintiff.
4. The parties are directed to maintain status quo as per the position seen in the photographs attached to affidavit Exh. 3.
5. The draft Notice of Motion and the suit are disposed of.
6. Draft Notice of Motion be registered for statistical purpose.
Authenticated copy of roznama be given to the parties.
Nature Of Disposal: OTHERWISE
Disposal Date: 07-09-2019
