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Court Order

Final Order 2

CNR MHCC01010392201920 Jun 2026
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Final Order 2 · 20 Jun 2026 · CNR MHCC010103922019

Order Details: Other
Pdf Text: 28 Dt:20.06.2026
SU 2659/19
NM 3845/19
Exhibit 3
Exhibit 4
CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Shahapur for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed
pursis vide Exhibit 3 that, as per the instruction of Competent
Officer of the BMC, still they have not demolished structure yet
and they have also decided that, they would follow the Due
process of law in respect of the impugned structure.
In response to the above submission (Exhibit 3 ) made
by the BMC officer, the Ld Adv. of plaintiff has filed pursis vide
Exhibit 4, stating that, as Officer of the BMC would follow the
due process of law, the Suit and Notice of Motion would not be
survived. Therefore, it may be disposed of.
Heard argument. Perused the pursis, the letter of
Competent Officer and relevant documents filed by BMC and
the pursis filed by plaintiff.
I am of view that, still the structure is not demolished
and the Competent Officer of respondent MCGM undertakes
vide Exhibit 3 with relevant document that, they would follow
the due process of law while taking action against the impugned
structure. In the peculiar circumstances, the Notice of Motion
No. 3845/ 2019 and suit No. 2659/2019 would not be survived
and needs to be disposed of.
In the circumstances, Notice of Motion No. 3845/ 2019
and suit No. 2659/2019 stands finally disposed of.
Judge
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