Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010001472019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.60 OF 2019
IN
S.C.SUIT NO.3342 OF 2018
Lakhsmi Subramanian and another. ...Plaintiff.
Versus.
Priya Rajulu and others. … Defendants.
Appearance:
Adv. Sasidharan for plaintiff.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 5th December, 2022.
ORAL ORDER
Perused pleading and evidence on record. Heard advocate for
plaintiffs. Defendants and their advocates remained absent at the time
of hearing of notice of motion despite sufficient opportunity.
2. This notice of motion is taken out by plaintiffs seeking order of
injunction restraining the defendants from creating third party interest
in the suit flat. Plaintiffs are also seeking directions for appointment of
Court Receiver and for payment of amount towards compensation. It is
the case of plaintiffs that one Swamidas Parthasarathy was tenant in
possession of residential premises i.e., Room No.34 in building known
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ORDER ..2..
as Bhageshwar Bhuvan situated at Mahim, Mumbai. He died on
06.04.1994. His wife Janki died on 14.07.2000. The aforesaid
Swamidas had three daughters i.e., plaintiff no.1, plaintiff no.2 and
defendant no.2. The defendant no.1 is the daughter of defendant no.2.
There is no dispute as regards the nature of property and the relation
between the parties to the suit.
3. From the pleading it is seen that old residential premises i.e.,
Room No.34 was redeveloped by defendant no.3 and accordingly
residential flat no. 707, admeasuring 300 sq. fts., at 7th floor of the
reconstructed building known as Bhageshwar Bhuvan was allotted in
lieu of said old premises. It is the allegation of plaintiffs that the
defendants have refused and denied their rights in the suit premises.
The plaintiffs are apprehending that the defendants may create third
party interest in the suit premises. Admittedly, the suit premises is in
possession of defendants. Defendants have came with the defence that
they were joint tenant of suit premises and were staying in the old
premises alongwith original tenant. The defendants are interested to
deny the right of plaintiffs. The suit is for partition. In such
circumstances, it is just and necessary to maintain status quo as regards
the title of suit premises to avoid further multiplicity of litigation
between the parties. The plaintiffs have produced on record prima facie
evidence to show their relation with original tenant. Plaintiffs are legal
heirs of deceased tenant. There is threat to the lawful right of plaintiffs,
therefore in case of refusal of order of injunction the plaintiff will suffer
irreparable loss. The balance of conveyance lies in favour of plaintiffs.
Hence, it is just and necessary to restrain the defendants from creating
third party interest in the suit premises. Plaintiffs have failed to made
out case for appointment of Court Receiver. The claim of plaintiff for
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ORDER ..3..
compensation will have to be considered at the time of final decision of
suit. By way of interim order final order for payment of
damage/compensation cannot be granted. In the result, following order
is passed.
ORDER
1. Notice of Motion No.60 of 2019 is partly allowed.
2. Defendants no.1 and 2 are hereby directed not to create third
party interest in the suit premises i.e., flat no.707, admeasuring 300 sq.
fts. situated at 7th floor of reconstructed building known as Bhageshwar
Bhuvan till the final decision of suit.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 05.12.2022
Typed on : 05.12.2022
HHJ signed on : 05.12.2022
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ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 05.12.2022, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
05.12.2022
JUDGMENT/ORDER signed by P.O.
on
05.12.2022
JUDGMENT/ORDER uploaded on 05.12.2022
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