Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Notice of Motion No192 of 2019
In
L.C.Suit No.2022 of 2008
MHCC010011872015
`
Rizwan Hasan Rakhangi ...Plaintiff
V/s
The Municipal Corporation of Gr
Mumbai and others ..Defendants
None present for plaintiff
Advocate Khatib for defendant no 5A to 5C
Advocate Sutar for defendant/MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 3rd May 2019
(Court Room No.06)
O R D E R
1 Plaintiff has taken out this notice of motion to allow him to
lead evidence in respect of the documents relying affidavit in support of
the notice of motion.
2 According to plaintiff, he has filed present suit to remove
the illegal structures carried out by defendant nos. 3 to 6 in their
respective flats. During pendency of the suit the flat no. 4A on the
ground floor in the building is transferred in the name of plaintiff.
Defendant no. 2 society has transferred share certificate in the name of
plaintiff. Plaintiff had taken out chamber summons. Plaintiff has share
certificate and maintenance bills and these documents are necessary to
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come on record. Plaintiff has filed evidence affidavit on 8/10/2012.
There is no willful default on the part of plaintiff. Hence, prayed to
allow the notice of motion.
3 Defendant no.4 and defendant no.3A have filed their
affidavit in reply and they resisted the Notice of motion. According to
defendants plaintiff has filed their evidence affidavit long back.
However, to avoid to face cross examination plaintiff has filed present
notice of motion. Plaintiff has playing delaying tactics. Hence prayed to
dismiss the notice of motion.
4 I have heard both the sides.
5 Plaintiff has filed the present suit for declaration and
mandatory injunction. Plaintiff has specifically alleged that defendant
nos 3 to 6 have made unauthorized construction in their flats in the
building. From the perusal of record it appears that plaintiff has
acquired the rights in the flat no. 4A in the same building. Plaintiff has
filed his evidence affidavit on 8/10/2012. However, by way of this
notice of motion, plaintiff wants to file additional evidence affidavit
and documents. It is to be noted that still cross examination of plaintiff
is not commenced. Therefore, in view of this circumstance, notice of
motion deserves to be allowed. The defendants have right to cross
examine the plaintiff. Hence, the following order:
ORDER
Notice of motion no. 192 of 2019 is hereby allowed
as under:
1 Plaintiff is allowed to file additional evidence affidavit
and documents if any.
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2 NM No. 192/2019 is disposed of.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay
Dictated on : 3/05/2019
Typed on : 4/05/2019
Signed by HHJ. : 6/05/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
S.D. Raje
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with Court
Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
3/05/2019
JUDGEMENT/ORDER signed by
P.O. on
6/05/2019
JUDGEMENT/ORDER uploaded
on
8/05/2019
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