Final Order 2

Order Details: Order
Pdf Text: MHCC040106262023
IN THE BOMBAY CITY CIVIL COURT AT DINDOSHI
(BORIVALI DIVISION), GOREGAON, MUMBAI
S.C.SUIT NO. 3192 OF 2023
Mohammed Ajaj Ayaj Shaikh ..Plaintiff
V/s.
Maharashtra Housing and Area
Development Authority ..Defendant
AND
MHCC040106272023
L.C.SUIT NO. 3193 OF 2023
Mohammed Ayaz Shaikh Mehmood ..Plaintiff
V/s.
Maharashtra Housing and Area
Development Authority ..Defendant
Advocate Mr.Babulal Yadav for plaintiffs.
Advocate Mr.Rahul Mahadik, for defendant MHADA.
Coram : His Honour Judge Ashish Ayachit
(Court Room No.8)
(Incharge Court Room No.6)
Date of Order : 23rd day of November 2023.
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2 SC SU3192/23 & 3193/23
COMMON ORDER
Both suits filed by different plaintiffs against the
Maharashtra Housing and Area Development Authority (in short
'MHADA') challenging notice under Section 53(1) of the the
Maharashtra Regional Town Planing Act (in short 'MRTP Act').
2. Advocate Mr. Babulal Yadav for the plaintiffs has taken
preceipe and sought leave to register notice of motion for temporary
injunction. Advanced notice is served upon the defendant.
3. Advocate Mr.Rahul Mahadik for MHADA present. He
submitted that the plaintiffs replied notice under Section 53(1) of
MRTP Act on 17.11.2023, but it has reached to the officer of the
defendants on 21.11.2023. He fairly submitted that speaking order is
not passed by the designated officer. He submitted that the officer
namely Mr. Aniket Vilas Patil, Junior Engineer, Civil Department, has
instructed him that he will pass speaking order. Moreover the officer is
present in the court. He requested to dispose off the suits as defendant
MHADA is ready to pass speaking order and give 7 days time to the
plaintiffs, if adverse order is passed from the date of communication.
Therefore, he requested to dispose off both suits.
4. Advocate Mr.Babulal Yadav for the plaintiffs consented to
dispose of the suits as the officer made statement before the court.
Hence, I pass the following order:
ORDER
1. SC Suit Nos.3192/2023 and 3193/2023 are disposed off
in following terms:
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3 SC SU3192/23 & 3193/23
i) The defendant shall consider the reply of the
plaintiffs dated 17.11.2023 and pass speaking order,
without influence of this order .
ii) The defendant shall follow the statement given as
above and shall not take coercive action of
demolition till passing of speaking order and
thereafter for 7 days, if adverse order is passed, from
the date of communication.
2. No order as to costs.
3. copy of this order kept in both suits.
4. Liberty is granted to the plaintiffs to file fresh suit if
adverse order is passed and communicated to them.
MUMBAI. (Ashish Ayachit)
23th November, 2023 Judge,
City Civil Court,
Borivali Division, Dindoshi
Goregaon, Mumbai
Dictated on : 23.11.2023
Transcribed on : 23.11.2023
Checked and signed by HHJ on :23.11.2023
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4 SC SU3192/23 & 3193/23
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
Date : 23.11.2023 Mrs. S.A.Kapare
Time : 5.00 P.M. (Stenographer GradeI)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit
(Court Room No.8)
Date of Pronouncement of Ju/Order 23.11.2023
Judgment/Order signed by P.O. on 23.11.2023
Judgment/Order uploaded on 23.11.2023
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