Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4326/19 in N/m No. 2587/15 1 Order.
in Suit No. 1386/15.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4326 OF 2019
(CNR NO. MHCC010118782019)
IN
NOTICE OF MOTION NO. 2587 OF 2015
(CNR NO. MHCC010070422015)
IN
L. C. SUIT NO. 1386 OF 2015
(CNR NO. MHCC010057152015)
Vikhroli Kannada Sangha ...Plaintiff
Versus
Mumbai Municipal Corporation of Gr. Mumbai ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 16th DECEMBER, 2019.
Ms. M.B.Gawde, Advocate for Plaintiff.
Ms. Chavan, Advocate for Defendant / MCGM.
ORDER
Heard ld. advocate Gawde for plaintiff, submits that on
23/10/2019, she was not available and Notice of Motion No.
2587/2015 came to be dismissed for want of prosecution. The suit
structure is still in existence, there is no demolition, it is prayed to
restore the notice of motion by setting aside aforesaid order dated
23/10/2019.
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N/m No. 4326/19 in N/m No. 2587/15 2 Order.
in Suit No. 1386/15.
2. There is no separate reply submitted by MCGM. Ld.
advocate Chavan for MCGM endorsed the reply on present notice of
motion. It is strongly objected. It is added that to the extent of
"continuation of E.O.C." it is necessary to verify the factual position of
the suit property. It is requested to reject the notice of motion. It is
added that the order of dismissal of Notice of Motion No. 2587/2015 be
continued.
3. According to plaintiff, his representative came to the Court
at 5.35 p.m. and submitted application vide Exh.3. It would be
appropriate to decide the matter on merit. Hence Notice of Motion No.
2587/2015 be restored to its original position for hearing on merit.
4. Considering submission on behalf of MCGM, E.O.C. is not
continued. Hence the order :
ORDER
1. Order dated 23/10/2019 is set aside, no order of cost.
2. Notice of Motion No. 2587/2015 is restored. Both side to
argue positively on next date.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 16/12/2019. Mumbai.
1. Dictated on : 16/12/2019.
2. Transcribed on : 18/12/2019.
3. Signed on : 18/12/2019.
4. Delivered to Certified :
Copy Section on
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N/m No. 4326/19 in N/m No. 2587/15 3 Order.
in Suit No. 1386/15.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/12/2019. 3.04 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 16/12/2019.
Judgment/Order signed by P.O. on 18/12/2019.
Judgment/Order uploaded on 18/12/2019.
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