Final Order 1

Order Details: Ex-parte Judgement
Pdf Text: S.C.Suit No. 1663/2022. 1 Judgment
MHCC010010322020
Presented on : 27-01-2020
Registered on : 25-07-2022
Decided on : 26-04-2023
Duration : 3 years, 2 months, 30 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
S. C. SUIT NO. 1663 OF 2022
EXHIBIT NO.18
Mr. Baburao Bhagwan Parab )
Senior Citizen, age 62 Indian Inhabitant )
Presently r/or C310, New Jain Darshan CHS )
Narmada Nagar, Near Blossom School )
Bhayander (East), Thane 401105 ) ...Plaintiff
Versus
Mr. Shankar Meshram Sonawane )
C/o. Sarita Sadashiv Desai )
Adult, Indian Inhabitant )
Ram Dayal Chawl, Room No.12, )
Utkarsh Nagar, Kokan Road, )
Near Ganga Vidya Mandir School )
Bhandup West, Mumbai – 4000078 )...Defendant
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 26th APRIL, 2023.
Smt. Urvy Joshi h/f. Adv. Radhika Arora, Advocate for the plaintiff.
None for the defendant.
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S.C.Suit No. 1663/2022. 2 Judgment
JUDGMENT
(Delivered on 26th April, 2023)
1. This is a suit for declaration of ownership.
2. Case of the plaintiffs, in brief, is as under :
The plaintiff is bonafide owner of the suit premises
consisting of room No.05, in Chawl popularly known as Sitaram Mata
Badalsonar Chawl, being lying and situated at Utkarsh Nagar, in
Bhandup West, Mumbai – 40078 admeasuring 10 feet x 10 feet.
3. The defendant was known to the plaintiff since 1980. In the
year 1984, the plaintiff acquired the suit premises at the instance of the
defendant. The plaintiff acquired the suit premises for consideration of
Rs.14,000/. The plaintiff and the defendant entered into the sale deed
in the year 1982, but it was not registered. The defendant did not
provide receipt of consideration to the plaintiff. The plaintiff started
residing in the suit premises in the year 1982. The plaintiff bears all
expenses including electricity bills, house taxes, other maintenance and
local welfare funds since 1982. The plaintiff is relying upon all these
relevant documents. He prayed for declaration of ownership of the suit
premises by way of adverse possession as per Section 27 r/w. Article 67
(relevant article is Article 65) in the Schedule to the Limitation Act,
1963. He also prayed for relief of permanent injunction with cost of the
suit.
4. The defendant is duly served with writ of summons as per
bailiff report on Exh.06, but he failed to appear in the matter.
Therefore, exparte order is passed against him in roznama dated
16.01.2023.
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S.C.Suit No. 1663/2022. 3 Judgment
5. The plaintiff examined himself on evidence affidavit
Exh.07. He proved documents filed with plaint and they are marked as
Exh.08 to Exh.16. The plaintiff closed evidence by filing pursis Exh.17.
Ld. counsel Smt. Radhika Arora for the plaintiff filed written notes of
arguments Exh.17A.
6. Following points arose for my consideration and I record
my findings against the same with reasons to follow :
SR.NO. POINTS FINDINGS
1. Does the plaintiff prove that he has
become owner of the suit premises by
way of adverse possession?
In the Affirmative.
2. Does the plaintiff prove that he is
entitled to relief of declaration as
prayed?
In the Affirmative.
3. Does the plaintiff prove that he is
entitled to relief of permanent injunction
as prayed?
In the Affirmative.
4. What order as to costs? As per final order.
5. What order and decree ? Suit is partly
decreed.
REASONS
AS TO POINTS NO.1 TO 5 :
7. The plaintiff has stated in his evidence affidavit Exh.07 that
he had acquired the suit premises for consideration of Rs.14,000/ and
he has been in possession thereof since 1982. According to him,
registered Sale Deed was not executed. He is relying upon documents
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S.C.Suit No. 1663/2022. 4 Judgment
Exh.08 to Exh.16 filed with the plaint. Name of the plaintiff is
appearing in MSEB Electricity bills. Address of the suit premises is also
mentioned on birth certificate of the plaintiff's sons issued on
26.09.1990 and 08.02.1988. All other documents are also having
address of the suit premises. All these documents establishes the fact
that the plaintiff has been in possession of the suit premises since long.
Therefore, absence of title documents and continuation of physical
possession of the plaintiff over the suit premises for more than 12 years
openly and to the knowledge of all concerned proves the case of the
plaintiff. The plaintiff has succeeded in establishing the claim of adverse
possession with the help of open and continuous possession over the
suit premises. In the result, I record my findings as to points No.1 to 3
in the affirmative. So far as aspect of cost is concerned, the parties can
be directed to bear their own cost. Hence, I pass the following order ;
ORDER
1. Suit No. 1663/2012 is partly decreed.
2. It is hereby declared that the plaintiff is in continuous,
uninterrupted and peaceful possession of the suit premises
consisting of room No.05, in Chawl popularly known as Sitaram
Mata Badalsonar Chawl, being lying and situated at Utkarsh
Nagar, in Bhandup West, Mumbai – 40078 admeasuring 10 feet x
10 feet since 1982 and thereby making his rights, title, interest
and claim in respect of the suit premises valid, legal, subsisting
enforceable and binding upon the defendant and thereby
extinguishing rights of the defendant over the suit premises.
3. The defendant is permanently restrained from taking forceful
possession of the suit premises and to transfer, alienate and
assign the suit properties in favour of the plaintiff by allowing
him to enjoy vacant and peaceful possession of the suit premises.
4. Parties shall bear their own costs.
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S.C.Suit No. 1663/2022. 5 Judgment
5. Decree be drawn up accordingly.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 26.04.2023. Mumbai.
1. Dictated on : 20.04.2023.
2. Transcribed on : 20.04.2023.
3. Checked on : 26.04.2023.
4. Signed on : 28.04.2023.
5. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29.04.2023. 2.03 p.m. Miss Manisha D. Hirole
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 26.04.2023.
Judgment/Order signed by P.O. on 28.04.2023.
Judgment/Order uploaded on 29.04.2023.
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