Interim Order 1

Order Details: Notice of Motion
Pdf Text: Unregd. N/m in Suit No. 50/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
UNREGISTERED NOTICE OF MOTION
IN
LONG CAUSE SUIT NO. 50 OF 2020
(CNR NO. MHCC010001542020)
Mr. Abdul Sabir Mohd. Idris ...Plaintiff
Versus
Municipal Corporation For Greater Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 16th JANUARY, 2020.
Mr. V.T.Dubey, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a motion preferred by plaintiff to restrict defendant
from taking coercive action in view of notice dated 25/09/2019 under
Section 354A of MMC Act.
2. Heard ld. advocate V.T.Dubey for plaintiff at sufficient
length.
3. Perused short reply alongwith documents and photographs
submitted by defendant. Ld. advocate Tondwalkar for defendant
submits that in view of order of this Court, reply submitted by plaintiff
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Unregd. N/m in Suit No. 50/2020. 2 Order.
came to be considered. In Suit No. 2574/2019 there was no such
ground mentioned by plaintiff which came to be mentioned by him in
present suit. Previous suit was disposed off on technical point. Now
the reply submitted by the plaintiff came to be considered and thereon
speaking order has been proceeded by the designated officer on
13/12/2019.
4. It is to note that plaintiff has received the suit property in
view of Deed of Assignment executed by Kulsum Patel in favour of
plaintiff in November, 1999. I have perused reply submitted by plaintiff
dated 27/09/2019. I have perused roznama of this Court in previous
proceeding L.C.Suit No. 2574/2019. Thereafter the designated officer
has pronounced speaking order on 13/12/2019.
5. On perusal of various photographs alongwith first
inspection report submitted by MCGM, there appear to be erection of
angles. However, the impugned patra shed is covered by various tin.
There appear to be substance in submission of plaintiff that the roof was
repaired as there was a leakage. There is prima facie substance in
submission of plaintiff.
6. There is no reply in detail submitted by MCGM. The repair
done by plaintiff appear to be tenantable repair and there is no
structural change. Hence the following order :
ORDER
1. Adinterim injunction is granted as prayed.
2. Defendant is restrained from taking coercive action in
respect of notice dated 25/09/2019 and speaking order
dated 13/12/2019, till further order of this Court.
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Unregd. N/m in Suit No. 50/2020. 3 Order.
3. Defendant to submit written statementcumreply to
expedite hearing.
4. Plaintiff to register the motion to expedite hearing.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 16/01/2020. Mumbai.
1. Dictated on : 16/01/2020.
2. Transcribed on : 16/01/2020.
3. Signed on : 17/01/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17/01/2020. 3.09 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 16/01/2020.
Judgment/Order signed by P.O. on 17/01/2020.
Judgment/Order uploaded on 17/01/2020.
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