Full Order Text
Final Order 1 · 27 Sept 2018 · CNR MHCC010005572018
Order Details: Notice of Motion Pdf Text: NM NO. 161/2018 SUIT NO.82/2018 1 CNR NO.MHCC010005572018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.161 OF 2018 IN SUIT NO.82 OF 2018 Mrs. Nisar Bano Mohd. Yasin Qureshi & Anr. .. .. Plaintiffs Versus Salim Qureshi & Ors. ...Defendants Shri.L.K.Tripathi advocate for the Plaintiffs. Shri.Lanke advocate for the Defendants. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc DistJudge CR No. : 32 Dated : 27th September 2018. ORDER 1. Plaintiff taken out this motion for order of temporary injunction restraining defendants,their servant, agent or anyone claiming through them from disturbing, and/or interfering in the use , occupation and possession of suit premises that is MEM/95/RN/1141, Rafi Nagar Zopadpatti, Shivaji Nagar, Govandi, Mumbai400 043 without following due process of law. 2. Plaintiff No.1 is the mother of plaintiff No.2 and defendant No.1. -- 1 of 4 -- NM NO. 161/2018 SUIT NO.82/2018 2 Defendant No.2 is the wife and No.3 and No.4 are the sons of defendant No.1. Plaintiff No.1 is harassed by the defendants either by assaulting or giving threats to them to give the income of the suit premises earned out of it to them or else they will lock the suit premises and will dispossess the plaintiff. In July 2007 defendant visited the premises and threatened to interfere and disturb the possession of suit premises of the plaintiff hence, plaintiff has fear and apprehension that defendants will dispossess her from the suit premises without following due process of law, hence, taken out this motion. 3. Defendants filed their reply and undertakes that they will not disturb or interfere in the use or occupation of suit premises No.MEM/95/RN/1141 of plaintiff. 4. Learned advocate Shri.Lanke for the defendants submitted that suit premises situated in slum area , hence, this court has no jurisdiction to entertain the suit. On the other hand, learned advocate Shri.Tripathi for the plaintiff submitted that present suit is simplicitor injunction against defendants. Plaintiff is not seeking decree of eviction against defendants, therefore, there is no bar of section 22(a) of The Maharashtra Slum Areas(Improvement, Clearance and Redevelopment) Act, 1971 to the present suit. I find the substance in the submission made by learned advocate Shri.Tripathi for plaintiff. 5. Considering the relations between the parties and defendants had given undertaking that they will not disturb or interfere in the use and occupation of plaintiff over the suit premises, In view of the -- 2 of 4 -- NM NO. 161/2018 SUIT NO.82/2018 3 undertaking of the defendants, I pass the following order. ORDER Notice of Motion No.161/2018 is made absolute in terms of prayer Clause. Date : 27/09/2018 (Pushpa N. Rao) Ad hoc Judge City Civil & Sessions Court Greater Mumbai Direct typed on computer: 27/09/2018 Signed by HHJ on : 27/09/2018 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 01/10/2018 at ( 5.35p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt.Pushpa N Rao C.R.No.32 Date of Pronouncement of JUDGMENT/ORDER 27/09/2018 JUDGMENT/ORDER signed by P.O.on 27/09/2018 JUDGMENT/ ORDER uploaded on 01/10/2018 -- 3 of 4 -- NM NO. 161/2018 SUIT NO.82/2018 4 . -- 4 of 4 --