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Court Order

Final Order 1

CNR MHCC01012808201927 Nov 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 27 Nov 2019 · CNR MHCC010128082019

Order Details: Notice of Motion
Pdf Text: : 1
1. Dt:271119
46802019
By precipe
Advocate Mr. C.B. Yadav for plaintiff is present and filed
Draft Notice of Motion
Advocate Mr. Kumwat for defendant/BMC is present.
Mr. Shivraj Gurav, J.E.,Maintanance Department G South
Ward, BMC is present and submitted that the
defendant/corporation has been issued notice u/s. 314 of
BMC Act in respect of the suit premises till this date the
defendants have not passed speaking order in pursuance of
notice u/s. 314 of the BMC Act. He further submitted that
the defendant/corporation will not execute and enforce to
the notice u/s. 314 of the BMC Act till passing of speaking
order. The advocate for the defendant is also submitted
that till passing of the speaking order the defendants will
not take any action in respect of the suit premises. The
plaintiff and his/her counsel are present and submitted that
the plaintiff is ready to withdraw the present suit if the
defendants will not take any action in respect of suit
premises till passing speaking order and therefore, the
defendants be directed to not take any coercive action in
respect of the suit premises till 07 days after passing
speaking order. In such circumstances the suit of the
plaintiff is hereby disposed off with direction to the
defendants to not take any coercive action against the
plaintiff in respect of the suit premises till 07 days after
passing speaking order in pursuance of notice issued by the
defendants/corporation u/s. 314 of the BMC Act.
Draft Notice of Motion and Suit be register for statistical
purpose.
Sheristerdar is hereby directed to furnish authenticate copy
of this Roznama to either parties.
Judge
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