Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010010722020
CNR NO. MHCC010010722020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.429 OF 2020
IN
SUIT NO.8958 OF 1999
(HIGH COURT SUIT NO.3836 OF 1999)
The Maharashtra Housing Area & ]
Development Authority ]...Applicant
Mulla Shabribhai Shaikh ]
Abbdul Hussain Ghadiali and Ors. ]… Plaintiff.
V/s.
Abbasbhai Shaikh Abdul Hussain ]
Ghadiali and Ors. ]... Defendants.
Appearances :
Ld. Adv. Mr. Pathak for Applicant.
Ld Adv. Niddhi Salian for defendant.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 7th March, 2022
ORAL ORDER
1. The present Notice of Motion is taken out by the applicant
Mhada for taking inspection of the suit premises and for taking
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2 NM 429/2020 in
Suit 8958/1999
measurement of the premises. It was submitted by the applicant that
the dispute is pending between the plaintiff and defendants for their
rights in the suit property. The occupants of the suit building made
representation before the Applicant/ Mhada for acquisition of the
building for the purposes of better preservation and reconstruction of
the old and dilapidated buildings. It was submitted that the proposal
has been sent with 70% consent of the occupants. Since the suit
building is in possession of the Court Receiver, the Court Receiver
directed applicants to seek permission from this Court and therefore the
applicant filed the present Notice of Motion. The suit building is in a
dilapidated condition and therefore, it is necessary to take the
measurement accordingly. Hence, Notice of Motion be allowed.
2. The plaintiff and defendant failed to file a reply to the
Notice of Motion.
3. Heard the Learned Advocate for applicant. It was
submitted that the suit building is in a dilapidated condition and
therefore, it is necessary to take the measurement of the premises in
possession of the respected occupants/tenants. Admittedly the suit
building is in possession of the Court Receiver. The applicant had
annexed the copy of the letter received from Court Receiver. It seems
that in order to take the measurement of the suit building for further
proposal, the applicant/Mhada requires to take the measurement. The
plaintiff and defendant had not filed any reply and thus not raised any
objection for the grant of Notice of Motion. It seems that if the
applicant /Mhada is allowed to take the measurement, no prejudice will
cause to both the parties. The proposal is for better preservation and
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reconstruction of the dilapidated building and therefore in the interest
of public at large it would be appropriate to grant permission to take
the measurement of the suit building. I, therefore, proceed to pass the
following order:
ORDER
1. The Notice of Motion No.429 of 2020 is allowed .
2. The applicant Mhada is allowed to inspect the suit building i.e.
Cess Building (1,2 and 5) i.e. Kondaji Chawl, J. W. Road, Parel,
Mumbai – 400012 and to take measurement of the rooms
occupied by the Occupants/tenants and the shop premises as per
rules.
3. The Court Receiver shall allow the Applicants/their
office/representative to take measurement of premises/shops as
per rules.
4. The applicant Mhada shall inform the court receiver accordingly.
5. The applicant shall bear the costs of Motion and measurement.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 07032022 City Civil Court, Gr. MUMBAI
Dictated on : 07032022
Transcribed on : 07032022
checked on : 07032022
Signed on : 07032022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.03.2022 at 05.10 p.m.
UPLOAD DATE AND TIME (VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge H.H.J.Smt.R.K.Kshirsagar
(COURT ROOM NO.13)
Date of pronouncement of
judgment/order
07.03.2022
Judgment/order signed by P.O. on 07.03.2022
Judgment/order uploaded on 07.03.2022
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