Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4605/19 in Suit No. 1574/15. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4605 OF 2019
(CNR NO. MHCC01-012615-2019)
IN
L. C. SUIT NO. 1574 OF 2015
(CNR NO. MHCC01-005744-2015)
Smt. Shakila Hamid Kazi ...Plaintif
Versus
Mr. B. Duja Thoras and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 11th FEBRUARY, 2020.
Mr. Deshpande, Advocate for Plaintif absent. Plaintif in
person present.
Mr. N.P.Bhavsar, Advocate for Defendant No.1.
Mrs. Mhatre, Advocate for Defendant No.2 / MCGM.
ORDER
This is a motion taken out by defendant no.1 to
restore Notice of Motion No. 4587/2016.
2. Heard ld. Advocate N.P.Bhavsar for defendant no.1
at sufcient length. It is submitted that he was busy in
another Court, however the order of dismissal of motion for
want of prosecution dated 04/11/2019 be set aside.
3. Ld. Advocate for plaintif is absent. Plaintif Shakila
Kazi, personally submits that defendant no.1 has fled various
motion, he did not vest any authority to claim possession over
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N/m No. 4605/19 in Suit No. 1574/15. 2 Order.
unauthorized structure, which came to be demolished by
MCGM. It is requested to call her lawyer on next date to argue
on Notice of Motion No. 4587/2016.
4. Ld. Advocate Mhatre for defendant no.2 MCGM
submits that impugned structure was unauthorized, therefore
appropriate action was taken by the MCGM.
5. Considering all facts in total, it would be
appropriate to decide the motion on merit. The W.S. of
defendant no.1 is already on record vide Exh.3, fled on
27/04/2018. Hence the order :
- ORDER -
1. The order dated 04/11/2019 is set aside, subject to
cost of Rs.600/- be paid to plaintif on or before
next date.
2. Notice of Motion No. 4587/2016 is restored for
hearing on merit.
3. Parties to insist for expedite hearing.
4. N/m No. 4605/19 stands disposed of accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 11/02/2020. Mumbai.
1. Dictated on : 11/02/2020.
2. Transcribed on : 12/02/2020.
3. Signed on : 12/02/2020.
4. Delivered to Certifed :
Copy Section on
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N/m No. 4605/19 in Suit No. 1574/15. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
13/02/2020. 11.40 a.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
11/02/2020.
Judgment/Order signed by P.O. on 12/02/2020.
Judgment/Order uploaded on 13/02/2020.
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