Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 291/2020 in St.No. 14425/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 291 OF 2020
(CNR NO. MHCC010006772020)
IN
STAMP NO. 14425 OF 2019
Devraj Laxman Rakshe ...Plaintiff
Versus
The Municipal Corporation for Greater Mumbai ...Defendant
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 24th JANUARY, 2020.
Mr. Kalbande, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
ORDER
This is a motion taken out by plaintiff for adinterim
injunction to challenge the notice under Section 351 of MMC Act dated
20/12/2019.
2. Ld. advocate Kalbande for plaintiff submits that it is the
same property purchased by plaintiff from Mr. Jyotichandra for price of
Rs.20,000/ on 20/06/1984. There was a tenantable repair. Plaintiff
has submitted application to the Corporator.
3. During pendency of the suit, speaking order came to be
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N/m No. 291/2020 in St.No. 14425/19. 2 Order.
passed by the designated officer of MCGM on 14/01/2020. The reply
submitted by plaintiff is not properly considered. It is claimed for ad
interim injunction.
4. There is no reply submitted by MCGM. Ld. advocate
Tondwalkar for MCGM submits that the first assessment dated
01/04/1973 bear the description of suit property as 'kud shed'. In
respect of unauthorized construction of plaintiff, the notice contains
with rough sketch map. It is requested to reject the motion.
REASONS FOR ORDER
5. It is to note that plaintiff is failed to produce following
documents i.e.
1) Application moved to the Corporator;
2) If it was forwarded to MCGM, what order passed by the
Corporator or Ward Officer;
3) There is no document produced before the Court that
impugned structure suit property i.e. Room No.2, Samita
Complex, Sakinaka, Mumbai was ground plus two floors, at
any point of time prior to Sale Deed or afterwards in next
20 years.
6. On perusal of Agreement of Sale dated 20/06/1984 the
description of suit property is 344 sq.ft. It is nowhere mentioned that it
was ground plus two floors. On perusal of initial reply dated
21/12/2019 addressed on the letterhead of advocate Mohite on behalf
of plaintiff, it is mentioned that due to rainy season, he was compelled
for tenantable repairs.
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N/m No. 291/2020 in St.No. 14425/19. 3 Order.
7. On comparison with reply in Marathi dated 21/12/2019
with photographs of suit premises, it require no expert opinion but to
conclude that plaintiff has erected two floors, probably in last one or
two years.
8. The reply submitted by plaintiff came to be considered by
MCGM. Perused speaking order dated 14/01/2020. There is no prima
facie case as averred by plaintiff. There is no case of adinterim
injunction. Hence the order :
ORDER
1. No adinterim injunction granted by the Court as prayed by
the plaintiff.
2. Interim relief given by this Court on 02/01/2020 stands
vacated.
3. Plaintiff to obtain proper steps to register the suit.
4. Defendant to submit W.S. for expedite hearing.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 24/01/2020. Mumbai.
1. Dictated on : 24/01/2020.
2. Transcribed on : 27/01/2020.
3. Signed on : 27/01/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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N/m No. 291/2020 in St.No. 14425/19. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
27/01/2020. 12.58 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 24/01/2020.
Judgment/Order signed by P.O. on 27/01/2020.
Judgment/Order uploaded on 27/01/2020.
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