Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM....2018 : 1 : SU.No.208/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION....2018.
IN
L.C. SUIT NO. 208 OF 2018
Shrinivas Manohar Nayakar... .. Plaintiff.
Versus.
Municipal Corporation of Greater
Mumbai. ... .. Defendants.
Ld. Advocate Mr. O.P.Singh for the Plaintiff.
Ld. Advocate Mrs. Chavan for the Defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 31st JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion for issuance of
adinterim injunction against the defendant/Municipal Corporation,
restraining the defendant its servants, agents, representative or any
other persons on behalf defendant from demolishing the suit premises
as per the show cause notice dated 06/07/2017 and speaking order
dated 03/11/2017.
2. I have perused the plaint.
3. According to plaintiff, the suit premises is having admeasuring
area 10'x15' with mezzanine floor situated at CTS No.2B/23, Leprosy
Colony, Sanjay Gandhi Nagar, Sion Trombay Road, Sion (E), Mumbai
400 022. According to plaintiff, he and his mother Smt. Shanti
Manohar Nayakar came into possession of the suit premises. Plaintiff
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was born and brought up in the suit premises. The ration card is in the
name of plaintiff. Plaintiff has birth certificate, leaving certificate,
election identity card, driving license and Aadhar card on the address
of suit premises. Initially, the leprosy patients were residing in the said
vicinity and thereafter they have transferred the suit premises to other
persons. Accordingly, plaintiff came in possession of the same. It is
further contended that defendant has given illegal notice. Hence,
prayed to protect the construction of the plaintiff.
4. Notice served to defendant. Defendant filed affidavit of it's officer
Vikram Somwanshi and documents.
5. I have heard Mr. O.P.Singh advocate for plaintiff and Smt.
Chavan advocate for defendant/Corporation. I have also perused the
documents of both the sides.
3. It is to be noted that the ration card, electric supply, Aadhar card
are in the name of plaintiff and having the address of the suit premises.
The said area was earlier reserved for the patient of Leprosy.
Thereafter the said patient transferred their premises to other persons.
Accordingly, plaintiff is one of the person who came in possession of
the suit premises. From the perusal of notices issued by Corporation, it
appears that plaintiff made vertical construction. The Corporation did
not dispute the possession of the ground floor. In the upper floor,
which faces on the fly over bridge plaintiff is running the business of
travel. It is to be noted that plaintiff has not produced any
documentary evidence to show that his above said vertical construction
is legalized. Hence, in such a circumstances, though plaintiff is residing
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on the ground floor but the vertical construction cannot be protected.
Therefore, plaintiff is not entitled for adinterimrelief. Accordingly, I
pass the following order :
O r d e r
1. Adinteriminjunction is refused.
2. Leave is granted to register the draft Notice of
Motion.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 31.01.2018
Typed on : 02.02.2018
Signed by HHJ. : 03.02.2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
03.02.2018 /4.30 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
31.01.2018
JUDGEMENT/ORDER signed
by P.O. on
03.02.2018
JUDGEMENT/ORDER
uploaded on
03.02.2018
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