Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM....2018 : 1 : SU.No.144/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION....2018.
IN
L.C. SUIT NO. 144 OF 2018
Smt. Kaushalyadevi Gulabchand Sharma.. .. Plaintiff.
Versus.
M.C.G.M. .. Defendants.
Ld. Advocate Mr. R.D.Thorat for the Plaintiff.
Ld. Advocate Mr. Sutar for the Defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 29th JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion for issuance of
adinteriminjunction, restraining the defendants i.e. Municipal
Corporation for Greater Mumbai from demolishing, pulling down or
removing the suit premises as per the notice bearing No.
FN/DO2FN/176/351MMC ACT/FN357NO1 dated 09/09/2017 issued
U/sec.351 of the Mumbai Municipal Corporation Act and order dated
05/01/2018 passed by Designated Officer, F/North Ward of
Defendants.
2. I have perused the plaint.
3. According to the plaintiff, she is in occupation of the suit
premises prior to 1960. The suit premises is declared as a slum. The
Corporation has not followed the due process of law and issued the
notice and passed order. The Corporation has not considered the
documents produced by plaintiff.
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4. Advocate for plaintiff submitted that the Corporation has to
comply the provisions of Section 105B of the MMC Act. Thus, the
notice and order in question are bad and illegal.
5. The defendant/Corporation filed affidavit of the officer and
documents and submitted that the notice structure is illegal. Mr. Sutar
advocate for defendants has submitted that the Corporation has
followed the due procedure of law. Hence, he prayed for refusal of ad
interimrelief.
6. Here in the present case, it reveals that plaintiff resides in the
suit premises prior to 1960. The question as to the protection of the
plaintiff's occupation under the Maharashtra Slum Areas (I C & R) Act,
eviction u/s.105B of MMC Act, and existence of the structure prior to
datum line, are raised which need consideration in details. At this
stage, in view of the matter so agitated, the ad interim relief shall be
granted as per the following order.
O r d e r
1. Adinterim relief is granted to the extent of directing
the defendant to maintain status quo in respect of suit structure and
the plaintiff is also directed not to make any permanent construction,
additions, or alterations on the suit site of any nature whatsoever, till
next date only.
2. Leave is granted to register the Notice of Motion.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 29.01.2018
Typed on : 29.01.2018
Signed by HHJ. : 31.01.2018
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Draft NM....2018 : 3 : SU.No.144/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
31.01.2018 /04.30 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
29.01.2018
JUDGEMENT/ORDER signed
by P.O. on
31.01.2018
JUDGEMENT/ORDER
uploaded on
31.01.2018
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