Final Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 282 OF 2019
IN
SUIT NO. 2003 OF 2009
( CNR NO.MHCC01-000717-2019)
1. Mr. Parashnath Ramadhar Pandey & Ors. ...Plaintiffs.
V/s.
1. Smt. Pavitridevi @ Savatridevi Wd/o.
Vijayanath Ramadhar Pandey & Anr. ...Defendants.
Appearance :-
Learned advocate Mr. I. S. Yadav for plaintiffs.
Learned advocate Mr. Dubey for defendants.
CORAM : HIS HONOUR JUDGE SHRI R. V. KOKARE.
(C.R.No.63)
DATED : 15/01/2022.
ORDER
1. This notice of motion is taken out on behalf of the plaintiffs for
restraining to the defendants from interfering and obstructing to the
electricity authority for installation of the electricity meter in the name
of plaintiff no.2 in respect of premises i.e. Room No. 3A. This notice of
motion is resisted on behalf of the defendants by filing their reply.
2. Heard learned counsels on behalf of both the parties at length.
Read the present notice of motion, affidavit of the plaintiff no.1 in
support of notice of motion. Reply of the defendants. Perused the
record.
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3. The learned counsel for the plaintiffs has submitted that the suit
property is consisting of room no.3 and room no.3A situated at D.K.
Mistry Chawl, Masrani lane, Havalpul, Kurla (W), Mumbai. The
defendants are in possession of the room no.3 and the plaintiff nos.1
and 2 are in possession of room no.3A. In the order passed by this Court
in Notice of Motion No.1503/2009 dated 12/01/2011, the Hon’ble
Court after considering the Commissioner Report has observed that
defendants are in possession of room no.3 and plaintiff nos.1 and 2 are
in possession of room no.3A. It further appears from the arguments of
the learned counsel for the plaintiffs that the father of the plaintiff nos.1
and 2 namely Ramadhar Mullu Pandey was the owner of the room no.
3. The electricity meter in the room no.3 was in the name of plaintiff’s
father Ramadhar Mullu Pandey. After demise of Ramadhar Mullu
Pandey, the defendant no.1 had transferred the said electric meter in
her name and in the partition one room came in the possession of
plaintiff nos. 1 and 2 which is numbered as room no. 3A and one room
came in the possession of defendants as room no.3. The defendants are
not provided electricity from electricity meter to the room of the
plaintiffs. Therefore, the plaintiffs had applied with the Electricity
Authority for giving electricity connection in the room no. 3A but the
defendants interfered and restrained to the electric authority for
supplying and providing new meter connection in the room no.3(A). On
these grounds, the learned counsel for the plaintiffs has requested that
the present notice of motion may kindly be allowed.
4. On scrutiny of the reply filed on behalf of the defendants, it
appears to me that the defendants have contended that they are in
possession of the entire suit property consisting of suit premises room
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no.3 and room no.3A. They have further contended that the plaintiffs
have no concerned with the suit premises by filing this notice of motion.
The plaintiffs are trying to create evidence and proof as to show that
they are in possession of suit premises. The plaintiff no.1 is residing in
different area and the plaintiff no.2 is residing in the village and this
notice of motion filed on behalf of the plaintiffs for taking electricity
connection in the name of plaintiff no.2, who is not residing in the suit
premises i.e. either room no.3 or room no.3A. On these grounds, the
defendants are requested that present notice of motion taken out on
behalf of the plaintiffs may kindly be dismissed with costs.
5. On scrutiny of the rival pleadings of both the parties and on
perusal of the record, it appears to me that the plaintiffs have produced
copy of the order dated 12/01/2011 in notice of motion 1503/2009. In
this order, after considering the Court Commissioner report, Hon’ble
Court has observed that the plaintiff nos.1 and 2 are residing in room
no. 3A and therefore in final order of this Hon’ble Court has restrained
to the present defendants from interfering in possession of the plaintiffs
room no.3A. Therefore, it is crystal clear that the plaintiffs are in
possession of the room no.3A. Admittedly, the electric meter in the
room no.3 had been transferred in the name of the defendant no.1.
There is no electricity connection in the name of the plaintiffs in room
no.3A. The plaintiffs have also produced xerox copy of application filed
by the plaintiffs to the electricity authority for supplying electric
connection in the room no.3A. The defendants are denied the
possession of the plaintiffs in room no.3A, it seems that the defendants
are trying to restraining from getting electric meter in the name of the
plaintiffs in room no.3A. There is no electricity facility in room no.3A.
Therefore, taking necessary facility, the plaintiffs are entitled to get
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electric meter in room no. 3A.
6. From above my discussion, I come to the conclusion that the
plaintiffs have made out prima facie case. Balance of convenience also
lies in favour of the plaintiffs. Hence, I inclined to allow this notice of
motion taken out on behalf of the plaintiffs. Therefore, I proceed to pass
following order.
ORDER
1. Notice of Motion No.282/2019 is hereby allowed.
2. The defendants are hereby temporarily restraining from interfering
and obstructing to the electricity authority for installation of the
electricity meter in the name of plaintiff no.2 in respect of premises i.e.
Room No. 3A situated at D.K.Mistry Chawl, Masrani lane, Havalpul,
Kurla (W), Mumbai-400 070.
3. Notice of Motion No. 282/2019 is disposed off accordingly.
( R. V. Kokare )
Judge
City Civil & Sessions Court,
Dated :15/01/2022. Gr. Mumbai
Dictated on: 15/01/2022
Transcribed on: 15/01/2022
HHJ signed on: 15/01/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
15/01/2022 at 4.00 p.m.
NAME OF STENOGRAPHER
( Mrs. V. V. Malgaonkar )
Name of the Judge HHJ Shri R. V. Kokare
(COURT ROOM NO.63)
Date of pronouncement of
judgment/order
15/01/2022
Judgment/order signed by P.O. on 15/01/2022
Judgment/order uploaded on 15/01/2022
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