Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no. 349-19 in L.C.SUIT no.142-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 349 OF 2019
(CNR no. MHCC010008742019)
IN
LONG CAUSE SUIT NO. 142 OF 2019
(CNR no. MHCC010005492019)
Mrs. Shaikh Zubeida Bi Ishaque ]
Aged : 76 years, ]
residing at Flat No.104 A, Noble CHS Ltd., ]
Plot No.1/1, SectorII, Deonar Municipal Colony, ]
Govandi, Mumbai400 043. ]....Plaintiff
V/s
1. Hon'ble Municipal Commissioner, ]
For Mumbai Municipal Corporation of ]
Gr. Mumbai, having his Office at Mahapalika Bhavan,]
Mahapalika Marg, Fort, Mumbai400 001. ]
2. Noble Coop Hsg Society ]
having its building and office at Plot No.1/1, ]
SectorII, Deonar Municipal Colony, ]
Govandi, Mumbai400 043. ]
3. Mrs. Naeemabee Asgar Ali ]
Residing at Flat No.104A, Noble CHS Ltd. ]
Plot No.1/1, SectorII, Deonar Municipal Colony, ]
Govandi, Mumbai400 043. ]....Defendants
Appearances:
Ld. Advocate Mr. K. P. Ravi for the plaintiff.
Ld. Advocate Mrs. D. D. Patil for defendant no.1/MCGM.
None for defendants no.2 & 3.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 8)
DATED : 25th November, 2019
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2 NM no. 349-19 in L.C.SUIT no.142-19
O R A L O R D E R
1. By instant Notice of Motion plaintiff has prayed for temporary
mandatory injunction directing defendant no.3 to surrender key of Flat
No.104 situated in the "A" Wing of Nobe CoOp. Hsg. Society Ltd., Plot
No.1/1, SectorII, Deonar Municipal Colony, Govandi, Mumbai
(hereinafter "Suit Flat") to the plaintiff and to direct defendants no.1
and 2 to evict defendant no.3 from the suit flat immediately. It is also
prayed that declaration be made that defendant no.3 has no right, title
or interest in the suit flat. It is contended by the plaintiff that the
defendant no.3 was permitted to stay in the suit flat for a short time in
2009, the defendant no.3 deceived the plaintiff by obtaining signature
on alleged Leave and License Agreement and now the defendant no.3
has started harassing the plaintiff physically and emotionally and
therefore, defendant no.3 is liable to be evicted from the suit flat.
2. Defendant no.3 has filed affidavit in reply contending that the
suit is filed at the behest of Sayed Mohammad Habib Shah Qadri @
Peer Sahab. In 20042005 the said defendant approached for purchase
of the suit flat and eventually paid Rs.18,35,000/ to the plaintiff. The
plaintiff authorized Peer Sahab to deal with the suit flat in independent
way by way of gift and defendant no.3 is in peaceful use and occupation
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3 NM no. 349-19 in L.C.SUIT no.142-19
of the suit flat. The defendant no.3 has specifically denied that he
deceived the plaintiff by Leave and Licenses Agreement.
3. It is also pertinent to note that the prayers made in this Notice of
Motion are of mandatory nature and the same prayers are made in the
suit. After going through the record and rival contentions of the parties,
it is clear that the suit is for eviction of defendant no.3 from suit flat.
None of the parties have produced any documentary evidence in
support of their respective claims. The controversy can be decided only
after giving opportunity of adducing evidence in the suit. Therefore, at
this stage it is not proper to give any reliefs in terms of prayers in the
Notice of Motion. Therefore, Notice of Motion is liable to be dismissed
and following order :
ORDER
1. Notice of Motion No. 349 of 2019 is dismissed.
2. Plaintiff is directed to argue on next date on the point, "Why
defendant no.1/MCGM be not deleted from the suit under Order
I Rule 10 of Code of Civil Procedure".
(C. V. Marathe)
Judge,
Date : 25.11.2019 City Civil Court, Gr. Mumbai.
Dictated on : 25.11.2019
Transcribed on : 25.11.2019
Signed by HHJ on : 25.11.2019
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4 NM no. 349-19 in L.C.SUIT no.142-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.11.2019 at 5.12 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
25/11/2019
JUDGMENT/ORDER signed by
P.O. on
25/11/2019
JUDGMENT/ORDER uploaded on 25/11/2019
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