Final Order 3

Order Details: Other
Pdf Text: Dt:16.03.2024
SU 1100/2019
Exh. 7
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Kedar Prabhu h/f Sarita Donde for plaintiff
present.
Advocate Jyoti Patil- Mhatre for defendant/BMC present.
F.R.S.R. Following order is passed on Notice of Motion No.
3431/2019
ORDER
1. Notice of Motion is dismissed.
2. Cost in Cause
Later on 5.15 p.m
Adv for plaintiff filed application for continuation of earlier
order marked as Exh. 7. O- Other side to say
Adv for deft/BMC has given say on Exh. 7 overleaf.
Heard argument of both sides on Exh. 7.
Order below Exh. 7
1. Adv for plaintiff has filed present application for
continuation of earlier order for the period of four weeks to
challenge the order refusing ad-interim relief.
2. Defendant/BMC opposed application stating that the
plaintiff has failed to make out prima-facie case. Hence no
protection can be granted.
3. Heard argument of both sides.
4. The plaintiff intends to challenge order refusing ad-
interim relief. Ld. Adv for plaintiff submitted that some
time is required to prefer appeal against order refusing ad-
interim relief and meantime if structure is not protected the
object of preferring appeal would be defeated.
5. The appeal is statutory right of an aggrieved party. The
plaintiff intends to challenge order rejecting ad-interim
relief and some time is required for that purpose. Hence in
the interest of justice, I pass following order.
ORDER
Defendant/B.MC. Shall not take coercive action for a period of
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four weeks from today.
Adjd to 15.06.2024 for Hearing of issues
Judge
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