Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 199/18(suit 9530/16)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.199/2018
(CNR NO.MHCC010007862018)
IN
S. C. SUIT NO.(L)No.9530/2016
1. Anantama S. Nair.
2. Palavi S. Nair
3. Swati S. Nair
4. Priyanka S. Nair
5. Aniket S. Nair. ..Plaintiffs
V/s.
1. Kala R. Nair
2. Pranali R. Nair
3. Nakshatra R. Nair
4. Sudarhan Shankaran Nair
5. Sun Beam Enterprieses
6. Shashikala Narsing Rao .. Defendants.
Appearances :
Adv. Jagjeet Rehel for plaintiff.
Adv. R. M. Kumar for defendant nos. 1 to 3.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No. : 03.
Date : 22.12.2021.
ORDER
1. Defendant nos. 1 to 3 have filed instant notice of motion
seeking following reliefs :
(a) Pending the hearing and final disposal of the suit the
defendant no.5 be ordered to handover possession of shop
no.1 admeasuring about 332 sq. ft. carpet area to defendant
no.1
(b) This Hon'ble Court be pleased to direct defendant no.5 to pay
compensation of Rs.17,000/ from April 2017 till handover
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the possession of shop no.1 to defendant no.1.
(c) That adinterim and interim reliefs in terms of prayers (a)
and (b).
(d) Costs of the notice of motion.
(e) Any other and further reliefs as this court may deem fit and
proper.
2. The plaintiffs herein filed present suit for partition and
separate possession claiming share in the suit property. The plaintiffs by
way of Notice of Motion No. 3750/17 prayed for appointment of Court
Receiver and restrainment order against defendant to hand over keys of
the suit premises to defendant nos. 1 to 3. The aforesaid motion is
partly allowed by this court directing that, defendant nos. 1 to 3 be
appointed as agents of the court receiver upon payment of monthly
royalty. This court also observed that, as deceased Radhakrishna was
carrying on business, therefore defendants nos. 1 to 3 are entitled to
possession of the suit property, till decision of the suit. Therefore, in
view of aforesaid decision, prayer clause(a) of the Motion needs to be
allowed.
3. Defendant no.5 filed his reply to the present motion and
contended that, due to pendency of dispute in the court, he has retained
possession of newly constructed shop premises with him and not
handed over to anybody and he is ready to hand over the possession as
per directions of the court. Defendant nos. 1 to 3 prayed for directions
against defendant no.5 to pay monthly compensation amount of
Rs.17,000/ from April, 2017 till handing over of possession. The
defendant no.5 contended that, he is ready to pay the same after
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deducting necessary expenses incurred by him. Therefore, in view of
aforesaid fact, I am of the opinion that, defendant no.5 needs to be
directed to deposit balance compensation amount with this court and
also to give account of his expenditures incurred so that, it will be
deducted and paid to the defendant no.5. Thus, in view of aforesaid
facts and circumstances, I proceed to pass following order :
ORDER
1. Notice of Motion No. 199 of 2018 is allowed in terms of prayer
clause (a) and (b).
2. Defendant no.5 is directed to hand over possession of the suit
shop to the defendant nos. 1 to 3;
3. Defendant no.5 is directed to deposit arrears of compensation
amount, as agreed between deceased Radhakrishna Nair and
them with account of his expenditures incurred on the suit
premises;
4. After compliance of the aforesaid directions, the balance amount
after deducting the expenses incurred by defendant no.5, rest of
the amount shall be invested in any Nationalized Bank initially
for five years with renewal of the same, till decision of the suit.
5. Costs in cause.
6. Notice of Motion is disposed of accordingly.
(A.H.Laddhad)
Judge,
Dated : 22.12.2021 City Civil and Sessions Court,
Dictated on : 22.12.2021 Greater Bombay (CR 03)
Typed on : 22.12.2021.
Draft given to HHJ on :22.12.2021.
Signed on : 23.12.2021.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
23.12.2021/30.4.22, at 2.00 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 21/12/2021
JUDGMENT/ORDER signed by P.O. on 23.12.2021
JUDGMENT/ORDER uploaded on 23.12.2021
As per oral directions, reuploaded again on
30.4.2022 only by changing date the order.
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