Order 1

Order Details: Notice of Motion
Pdf Text: :1: DRAFT NM IN SU 246919
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
L.C. STAMP NO.2469 OF 2019
Parvez Saghir Ahmed Ansari ]...Plaintiff
Versus
The Municipal Corpn. of Gr. Mumbai ]...Defendant
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 18th September, 2019.
Mr. Thorat @ Mr. Yadav, Advocate for Plaintiff.
Mr. Giri, Advocate for defendant/B.M.C.
O R A L O R D E R
1. Perused. Heard.
2. The Plaintiff is seeking adinterim injunction to restrain
defendant from acting upon a notice dated 11.9.2019 wherein the
defendant has alleged that the plaintiff has reconstructed the 2nd and
3rd floor after its demolition by following due process of law.
3. Considering the contents in Notice existence of 2nd and 3rd floor
is undisputed. Since the notice claims that those are reconstructed after
demolition, the advocate for defendant Corporation was asked whether
any documents is produced revealing such alleged demolition.
Advocate for defendant Corporation submitted that at present he has no
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instructions and documents.
4. The plaintiff has produced on record a reply given to the
defendant Corporation wherein plaintiff has claimed that he never
received any notice allegedly issued under Section 354A. He has also
come with a case that the notice structure was not demolished at any
point of time. In such circumstances, following order will meet the ends
of Justice. Hence, the order:
ORDER
1. Parties to suit are directed to maintain statusquo in respect of
notice structure.
2. Plaintiff shall file photographs of the suit premises on or before
next date.
3. Leave is granted to register the NM.
Sd/
(A.N. MARE)
Judge,
18.09.2019 City Civil Court, Mumbai.
Dictated On : 18.09.2019
Transcribed on : 18.09.2019
HHJ Signed on : 18.09.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
20/09/19 03.25 p.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
18.09.2019
JUDGEMENT /ORDER signed by
P.O. on
18.09.2019
JUDGEMENT /ORDER uploaded on 18.09.2019
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