Final Order 1

Order Details: Copy of Judgment
Pdf Text: Judgment (Exh.20) S. C. Suit No.449/2018
MHCC010008022018 Presented on : 16.01.2018
Registered on : 09.02.2018
Decided on : 02.12.2024
Duration : 06 10 17
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY, AT
BOMBAY
SHORT CAUSE SUIT NO.449/2018
(CNR NO. MHCC010008022018)
Mrs. Vaibhavi Sagar Patil,
Age 31,
702, Shiv Garjana CHS. Ltd. Chincholi
Pada, Subhas Road, Dombivali (West),
Thane - 421202. … Plaintiff
Versus
Ms. Trupti Mangesh Rane,
Age - adult,
B-507, Floor - 2, 10 Sardar Nagar No.1,
Jaishankar Yagnik Road, Sion Koliwada,
Sion (E), Mumbai - 400022. … Defendant
CORAM : HIS HONOUR JUDGE, R. D. DESHPANDE
COURT ROOM NO. 61
DATE : 02.12.2024
Appearances:-
Adv. Priyanka Nair h/f Adv. Mr. Satish Agarwal for plaintiff.
Without written statement against defendant.
JUDGMENT
(Dictated and pronounced in open Court)
This is suit for possession.
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Judgment 2 S. C. Suit No.449/2018
2. Description of the suit property:-
Flat No.B-507, situate on the 2nd floor, 10 Sardar Nagar No.1,
Jaishankar Yagnik Road, Sion Koliwada, Sion (East), Mumbai –
400022 is the subject matter of this suit, hereinafter referred to as
the ‘suit property’.
3. Facts in brief are as follows: -
Plaintiff has acquired right, title and interest in the suit property by
way of registered Gift deed dated 08.05.2015 executed in her
favour by her father Sharad Bhagoji Goregaonkar. The shares in
respect of the suit property also came to be transferred in her
name on 26.01.2016 by Sardar Nagar Pragati C.H.S.L. She
received a letter from MHADA on 18.01.2016 regarding payment
of maintenance charges and accordingly she is paying the
maintenance charges of the suit property accordingly.
4. It is further averred that the defendant was temporarily
allowed to stay in the suit property at the mercy of plaintiff’s late
grandmother and upon her request. Defendant undertook to
vacate the suit property within due course of time. By relying upon
the promise given by the defendant, grandmother of plaintiff
allowed her to stay in the suit property. For the time and again
plaintiff requested the defendant to vacate the suit property, but
she refused.
5. It is further averred that the suit property is in
dilapidated condition and the Society has issued several notices to
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Judgment 3 S. C. Suit No.449/2018
her for urgent repairs. Plaintiff requested the defendant to allow
her to carry out repairs in the suit property, but defendant is not
allowing. The structural audit of the suit property was also
conducted by M/s. Vastu Associates which disclosed that there is
immediate urgency to carry out the repairs of the suit property.
6. It is further averred that plaintiff is in utmost need of
the suit property for her own occupation and possession and to
carry out the repairs. The defendant with malafide intention is
refusing to vacate the suit property and she intends to grab it.
Plaintiff issued legal notice to the defendant on 28.11.2017. She
received it, but she has not vacated the suit property. Hence the
present suit seeking possession of the suit property from the
defendant.
7. The defendant appeared in the matter, but she has
failed to file her written statement within time. She took out
Notice of Motion No.4475/2018 for condonation of delay. But it
came to be dismissed by my Ld. Predecessor by order dated
27.09.2019. Thus, the suit proceeded without written statement of
defendant.
8. Plaintiff filed her evidence affidavit at (Exh.4). In her
evidence affidavit following documents are exhibited. Original
Registered Gift deed in her favour dated 08.05.2015 at (Exh.8),
copy of Share Certificate of the suit property at (Exh.9), copies of
maintenance receipts collectively at (Exh.10), copies of letters
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Judgment 4 S. C. Suit No.449/2018
written by the Sardar Nagar Pragati C.H.S.L. to father of plaintiff
collectively at (Exh.11), copy of letter written by plaintiff to the
Society dated 19.12.2016 at (Exh.12), copy of legal notice issued
to the defendant at (Exh.13) and postal receipt along with track
report at (Exh.14 and 15). Then plaintiff closed her evidence by
filing Pursis at (Exh.18).
9. Defendant could have cross-examined plaintiff on the
law point in the absence of her pleading. But she remained absent
and therefore ‘no cross-examination order’ came to be passed
against her on 13.09.2023. Thus, oral and documentary evidence
adduced by the plaintiff has gone unchallenged and unshattered.
10. Oral testimony of plaintiff finds corroboration from the
original Gift deed at (Exh.8). On that basis the Share Certificate of
the suit property came to be transferred in her name by the Sardar
Nagar Pragati C.H.S.L., Sion, Mumbai which is on record at
(Exh.9). From the maintenance receipts at (Exh.10), it is seen that
she is regularly paying maintenance of the suit property.
11. In spite of issuance of legal notice at (Exh.13) and its
receipt, the defendant has not replied it nor has handed over
possession of the suit property to the plaintiff. She has not put
forth her claim regarding her possession over the suit property. It
goes to show that she is illegally occupying the suit property and
has no right to retain its possession.
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Judgment 5 S. C. Suit No.449/2018
12. Plaintiff has succeeded in proving her lawful title over
the suit property by way of Gift deed at (Exh.8). The gift is
accepted by her from her father. As such, she deserves to get
possession of the suit property from the defendant. Suit deserves
to be decreed and that too with costs. Hence the following order: -
ORDER
1. Suit is decreed with costs.
2. The defendant shall hand over vacant and peaceful
possession of the suit property to the plaintiff, within 3
months from the date of this order.
3. Decree be drawn accordingly.
4. Accordingly, S. C. Suit No. 449/2018 stands disposed off.
DATE: - 02.12.2024 (R. D. DESHPANDE)
JUDGE, CITY CIVIL COURT
& ADDL. SESSIONS JUDGE,
GR. MUMBAI.
Dictated on : 29.11.2024
Transcribed on : 30.11.2024
Checked on : 02.12.2024
Signed on : 02.12.2024
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Judgment 6 S. C. Suit No.449/2018
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: - 02.12.2024, AT 05.30 P. M. Mr. Siddhesh Shankar Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.)
: SHRI R. D. DESHPANDE
C.R.NO.61.
Date of pronouncement of
Judgment/order
: 02.12.2024
Judgment/order signed by the P.O.
on
: 02.12.2024
Judgment/order uploaded on : 02.12.2024
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