Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : SUIT NO.190/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
SUIT NO. 190 OF 2018.
Mohammed Aleem Shaikh... } .. Plaintiff.
Versus.
Municipal Corporation of }
Greater Mumbai & Ors... } .. Defendants.
Advocate Mr. M.S.Singh for Plaintiff.
Advocate Mrs. Chavan for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 15 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion, restraining the
defendants/Corporation from taking any action on the basis of notice
dated 22/09/2017 and order dated 10/01/2018.
2. According to the plaintiff, he is in possession of the suit premises
i.e. JH/m105/4/7, Madonna Colony, Walchand Bunglow, S.M.D.Road,
Opp. Dosti Estate, Antop Hill, Mumbai400 037 area about 7 ft. x 10 ft.
The suit premises comes in the slum area. The concerned authority has
issued identity card to the plaintiff. However, on 22/09/2017,
defendant/Corporation issued notice to plaintiff U/sec.351 of the MMC
Act. Thereafter plaintiff gave reply to the defendant/Corporation and
also produced documents. However, defendant/Corporation passed an
order dated 10/01/2018 and thereby directed the plaintiff to remove
the structure. The suit premises is in slum area. Thus,
defendant/Corporation has no authority to demolish the same. Plaintiff
further contended that the defendant/Corporation has taken action on
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the basis of one false complaint. Therefore, prayed to grant adinterim
injunction.
3. Notice is served to defendant/Corporation.
Defendant/Corporation filed an affidavit of one Aniket Marganwar and
the documents.
4. I have heard Both the sides.
5. Shri.M.S.Singh advocate for plaintiff has submitted that plaintiff
has obtained electric connection. The identity card and other
documents of the plaintiff do show that the plaintiff resides in the suit
property. The suit property comes in the slum area. Therefore,
defendants have no authority to remove the structure. Hence, he
prayed to grant adinterim injunction.
6. As against this, Smt. Chavan advocate for defendant has
submitted that the disputed structure is the construction of toilet
block. According to her, the said construction is illegal one. One
Noorjahan Fazal Vanakar had filed the complaint to the Corporation.
Accordingly, inspection carried out and it is found that the plaintiff has
made legal construction. Thereafter prior to the institution of the suit,
the structure is demolished. Therefore, she prayed to reject the
application.
7. I have perused the documents filed by both jthe parties. It is true
that plaintiff possesses identity card, light bill on the address of the
premises. However, it it to be noted that one Noorjahan Fazal Vanakar
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had filed complaint to the Corporation and in the complaint, she has
stated that plaintiff has constructed the toilet block in her space.
Accordingly, the officers of the Corporation inspected and issued notice
to the plaintiff. Plaintiff replied to the notice. However, no sufficient
documents were produced by the plaintiff to show his possession on the
disputed structure and accordingly, speaking order is passed and
thereafter the said structure is demolished.
8. It is to be noted that the structure is demolished before
institution of the suit. However, plaintiff has suppressed the material
fact. The documents produced by the plaintiff did not pertains to the
premises which is in occupation of the plaintiff. The disputed structure
is at the side of suit premises and same is demolished. Therefore, in
such a circumstances, plaintiff is not entitled for adinterimrelief.
Hence, I pass the following order :
O r d e r
1. The relief of adinterim injunction is hereby rejected.
2. Draft Notice of Motion be registered.
Date : 15.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 15.02.2018
Typed on : 15.02.2018
Signed by HHJ. : 15.02.2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
15.02.2018 /5.30 p.m. Mr. S.D.Nalawade
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
15.02.2018
JUDGEMENT/ORDER signed
by P.O. on
15.02.2018
JUDGEMENT/ORDER
uploaded on
15.02.2018 .
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