Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M 80/18 in Su 1693/15 1/2 Date : 9.1.2018
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.80/2018
IN
SUIT NO.1693/2015
Smt. Usha Shahaji Mane ]... Plaintiff
V/s.
Smt. Swati Dayanand Mane ]… Defendant
Adv. Sandeep Katke for plaintiff.
Adv. Shailesh Prabhu for defendant.
CORAM : HHJ Shri G. R. Agrawal
C. R. No.03
DATE : 9.1.2018
ORDER
(Dictated in open court)
1. By the present notice of motion, the plaintiff is praying for
temporary injunction to restrain the defendant from creating third party
interest in the suit premises and from disturbing the plaintiff from
enjoyment of the suit premises. The defendant has filed reply to the
motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. It is case of plaintiff that the suit property is tenanted premises
and fatherinlaw of the plaintiff and defendant was the original tenant.
The documents filed by plaintiff such as Electricity bill and death
certificate of her husband show that husband of plaintiff was residing in
the suit premises. In the cause title of the plaint, the residential address
of the plaintiff and defendant is shown as same i.e. Room no.1 of
Kisan Koli Chawl, Dharavi, Mumbai. The plaintiff has pleaded in
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N/M 80/18 in Su 1693/15 2/2 Date : 9.1.2018
paragraph no.10 of plaint that she is working in Indian Railways and
because of the employment she is required to move from place to place.
It is also pleaded in paragraph no.11 that the relationship between
plaintiff and defendant is strained and there are frequent quarrels.
4. There is no primafacie material on record to show that the
plaintiff is residing in the suit premises at present. Hence, the question
to restrain defendant from obstructing the enjoyment of plaintiff over
the suit premises does not arise.
5. As regards the prayer for injunction from creating third party
interest, the plaintiff is claiming partition in the suit premises and it is
her case that she has ½ share in the suit premises. Hence, it will be
necessary to protect the interest of the plaintiff by directing the
defendant not to create the third party interest in suit premises during
the pendency of the suit. Hence, following order.
ORDER
1. N/M no.80/2018 is partly allowed.
2. The defendant is temporarily restrained from creating
third party interest in suit premises, during pendency of
suit.
3. Notice of motion is disposed of.
(G. R. Agrawal)
Judge
City Civil Court,
Date : 9.1.2018 Gr. Bombay.
Dictated on : 9.1.2018
Typed on : 12.1.2018
Signed on : 12.1.2018
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
12.1.2018 at 5.35 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
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N/M 80/18 in Su 1693/15 3/2 Date : 9.1.2018
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
9.1.2018
JUDGMENT/ORDER signed by
P.O. on
12.1.2018
JUDGMENT/ORDER uploaded
on
12.1.2018
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