Mr. Abdul Sabir Mohd. IdrisVsMCGM

Date: 03-10-2019
Business: By praecipe
Advocate V.T.Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Heard.
Advocate for plaintiff submitted that a notice u/s 354A is served upon the plaintiff to which he has submitted a reply to the office of defendant. According to him the plaintiff is not yet served with the speaking order and therefore due process of law is not yet completed. For identification of suit premises he has tendered on record a photograph. It is marked as Exh. X for the purpose of identification.
  Advocate for defendant submitted that as per his instructions the speaking order is passed on 30.09.2019 and is served upon Mohd. Arif Khan.
    Advocate for plaintiff, on instructions from the plaintiff submitted that said Mr. Mohd. Arif Khan is no way concerned with the plaintiff.
    Considering the circumstances, it will be in the interest of justice to direct both the parties to suit to maintain status quo in respect of the suit premises as seen in photograph Exh.X.
     Plaintiff is directed to produce photographs of the suit premises revealing its conditions from all the sides as well as its internal condition. The photographs shall bear the date and time on which those are taken.
Leave is granted to register Notice of Motion.
Advocate for plaintiff submitted that the photographs  of suit premises will be obtained tomorrow and will be produced on next date.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 05.10.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion No. 3723/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate for Plaintiff also filed photographs with a list. TOR and marked as Exh.2.
Advocate Ms. Mhatre for defendant/MCGM present and filed list of documents. TOR and marked as Exh.3.
Earlier order to continue till next date.
The case is adjourned to 07.10.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 25.11.2019  for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Mr. N.K. Dubey h/f adv. Mr. V.T. Dubey for Plaintiff present.
Adv. Mr. Giri for deft/MCGM present, submits that in view of reply filed by plff., fresh speaking order will be passed by the BMC., if permitted.  Adv. Mr. Dubey submits that EOC be continued for two weeks after fresh speaking order after service on plff. And with liberty to file fresh suit.
MCGM to consider reply of plff and proceed for fresh speaking order.  EOC to continue for two weeks after service of order of speaking order on plff.  Accordingly, NM no. 3723/19 and suit stands disposed of.
Nature Of Disposal: OTHERWISE
Disposal Date: 25-11-2019

NOTICE OF MOTION/103723/2019

Filing Number: 110645/2019
Filing Date: 30-09-2019
First Hearing Date: 03rd October 2019
Decision Date: 25th November 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE