Full Order Text
Final Order 1 · 15 Sept 2021 · CNR MHCC010007912019
Order Details: Notice of Motion Pdf Text: NM 320/2019 1 IN EXE.105/01 IN SU 6460/92 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO.320/2019 IN EXECUTION APPLICATION NO.105 OF 2001 IN SUIT NO.6460 OF 1992 Subhash Ramsharan Sharma ]... Applicant / Original Plaintiff Versus Babu @ Baburam Rajaji Yadav & Anr. ]...Respondents/ Resp. No.1- Orig. Defendant Ld. Adv. Vikas Singh for the Applicant None for Resp. Orig. defendant No.1 None for Resp. Orig. defendant No.2 /MCGM CORAM : HIS HONOUR JUDGE Shri S.D.Kulkarni (Court Room no. 8) DATED : 15th September, 2021 O R A L O R D E R 1. Plaintiff has taken out this Notice of Motion and prayed that defendant No.1 be restrained from selling, transferring or disposing of or alienating or creating any third party rights, title or interest in respect of rear side two rooms situated in suit property. 2. Perused Notice of Motion, documents filed on record. Heard advocate for applicant. Advocate for defendant No.1 absent. On -- 1 of 3 -- NM 320/2019 2 IN EXE.105/01 IN SU 6460/92 perusal of record it reveals that this is an execution Petition filed by the applicant in view of the decree. The applicant is entitled to get the possession of suit property. The decree is in favour of applicant and if during pendency of Execution Petition if respondent created any third party interest, it will be multiplicity of proceeding. Therefore, if defendant No.1 is not restrained, plaintiff will suffer a lot. On the other hand if injunction is granted defendant will not suffer any loss. Therefore in my opinion applicant is certainly entitled to get relief as prayed. Hence following order is passed : O R D E R 1. Prayer clause (b) in Notice of Motion No.320/2019 is granted till decision of Execution Application No.105/2001 2. Notice of Motion No.320/2019 is disposed off accordingly (S.D.Kulkarni) Judge, City Civil Court, Date : 15.09.2021 Gr. Mumbai. Dictated on : 15.09.2021 Transcribed on : 15.09.2021 Signed by HHJ on : 15.09.2021 -- 2 of 3 -- NM 320/2019 3 IN EXE.105/01 IN SU 6460/92 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE AND TIME : 12.30 p.m. NAME OF STENOGRAPHER : Mrs. J.S. Chavan Name of the Judge (With Court Room no.) HHJ Shri. S.D.Kulkarni C.R. no.08 Date of Pronouncement of JUDGMENT/ORDER 15.09.2021 JUDGMENT/ORDER signed by P.O. on 15.09.2021 JUDGMENT/ORDER uploaded on 18.09.2021 -- 3 of 3 --