Interim Order 1

Order Details: Other
Pdf Text: 1 Ad-Int - Un-Reg.NM in Su.No.281-2020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
UN REGISTERED NOTICE OF MOTION
IN
L.C. SUIT NO. 281 OF 2020
A. Kathiresen R. Murugan, ]
Aged about 76, years, an adult, ]
Indian Inhabitant of Mumbai, ]
Carrying on business at Shotp No.3, ]
Situated at Rail View, Near Railway ]
Crossing, Opp. Sawan Bazaar, ]
Chembur, Mumbai400 071 ]... Plaintiff
Versus
MUNICIPAL CORPORATION OF GREATER ]
MUMBAI, ]
a body duly constituted under the ]
provision of BMC Act, ]
having its office at Mahapalika ]
Bhawan, Mahapalika Marg, Fort, ]
Mumbai 400 001 ]....Defendants
Appearances:
Ld. Advocate Mr. B.P.Shukla for the Plaintiff.
Ld. Adv. Mrs.Khandagale for defendant/MCGM.
CORAM : HIS HONOUR JUDGE
SHRI U.J.MORE
(Court Room no. 8)
DATED : 27th January, 2020
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O R A L O R D E R O N A D I N T E R I M R E L I E F
1. Perused plaint, Notice of Motion, documents annexed to
the plaint and heard Ld. Advocate for the plaintiff. The plaintiff has
prayed for temporarily restrain the Defendants, their servants, agents,
employees and assignees by an order and injunction of this Court from
demolishing the suit premises viz. structures being Shop No.3,
admeasuring 13'X6', with loft, made of B.M. Wall and A.C.Sheet roof,
situated at Plot No.1A, CTS No.979(Part), Rail View, Near Railway
Crossing, Opp. Sawan Bazaar, Chembur, Mumbai400 071.
2. It is stated that, pending the hearing and final disposal of
the suit this Court be pleased to direct the Defendants to restore the
electricity connection in the suit premises, viz. structure being Shop
No.3, admeasuring 13'X6', with loft, made of B.M. and A.C.Sheet roof,
situated at Plot No.1A, CTS No.979 (Part), Railway, Near Railway
Crossing, Opp. Sawan Bazaar, Chembur, Mumbai 400 071.
3. Perused all documents filed by the Plaintiff alongwith
plaint and Defendant strongly objected by filing affidavit alongwith
documents.
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5. Heard, both the sides at length.
6. Plaintiff's advocate placed reliance on Abdul H.S. Mansuri
V. Municipal Corporation of Mumbai by Hon'ble Bombay High Court in
First Appeal 2426 of 2005 with Civil Application No.5957 of 2005,
decided on 02.03.2006. Ratio is applicable to the case in hand.
7. Ld. Adv.B.P.Shukla pithily submitted that notice u/sec.354
was issued to the owner Shri.Yatin Dosa of Plot No.1A, Railview
Building and not to the plaintiff who is tenant having stall at 15 feet
distance from the notice structure (i.e. Railview Building). Neither
notice u/sec. 354 nor Notice u/sec. 351 of MMC Act is issued to the
Plaintiff in person on 14.01.2019. Electricity Supply was disconnected
of the stall which are situated in "Compulsory open space" and hence
not included in area of certification. It is modes oprendi of the builder
with the help of Defendant/corporation to remove the plaintiff's suit
premises i.e. stall.
8. On the other side the Adv. Khandagale pithily submitted
that, it is 'C1' category building. It is 30 years old building. I have gone
through notice u/sec. 353(B) which is in the name of
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Chairman/Secretary/Society of Shri. B.C.Patel House, Railview, Plot
No.1A, Chembur, Mumbai71. The letter from Mr.Yatin Dosa i.e. reply
dated 27.03.2019 Mr.Samir Mhate, Structure engineer has filed
structural report, which transpires condition of a building at para 16
under head critical observation to "Structure is surrounded by Stalls
inside Compound". It is supported by letter dated 14.09.2019 sign by
designated officer of corporation alongwith list of tenants at serial
no.17 A. Kathiresen, Room No. Ground floor/Stall No.3, Carpet area
Nil, "The said stalls are situated in compulsory open space and hence not
included in area certification". Both documents are prima facia supports
the contention of plaintiff that these stall are not part of notice structure
premises i.e. Railview building and suit premises is at certain distance
from Railview building in open premises.
9. Therefore, prima facia the action itself illegal for cutting
Electricity supply of stall which in the possession of the plaintiff. There
appears substance in the above contentions of the plaintiff. Therefore,
plaintiff is entitled for adinterim relief. Hence I proceed to pass
following order:
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ORDER
1. Adinterim relief is granted till next date.
2. Defendant is directed to restore electricity supply
in suit premises only.
(U.J.More)
Judge,
City Civil Court,
Date : 27.01.2020 Gr. Mumbai.
Dictated on : 27.01.2020
Transcribed on : 27.01.2020
Signed by HHJ on : 27.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 01.02.2020 at 11.00 a.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With Court
Room no.)
HHJ Shri. U.J.More
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
27/01/2020
JUDGMENT/ORDER signed by
P.O. on
27/01/2020
JUDGMENT/ORDER uploaded
on
01/02/2020
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