Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.209/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO. 209 OF 2018.
Shri. Parmantavida Yusuf Andru Haji... } .. Plaintiff.
Versus.
Municipal Corporation of }
Greater Mumbai... } .. Defendants.
Advocate Mr. Suraj S. Kudalkar for the Plaintiff.
Advocate Mrs. Chavan for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 13 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion for grant of ad
interiminjunction, restraining the defendants/Corporation from taking
action on the basis of impugned notice and order.
2. According to plaintiff, the suit premises consist of Room No.27
and Rom No.28, 2nd floor, Haji Habib Building, Madhavdas Pasta
Marg, Dadar, Mumbai400 014. The building consist ground plus 3
floors having residential as well as commercial rooms. Plaintiff has
acquired tenancy right from owners "as is where is basis." Plaintiff is
devotee of Allah and he uses the the tenanted premises for the benefit
of Poor people i.e. Cancer patient and their relatives. Plaintiff has
taken telephone connection and electric supply.
3. On 23/09/2017, the defendant/Corporation issued a notice to
plaintiff that suit premises is being used unauthorized. According to
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defendant, plaintiff has made addition and alteration in the room with
wooden partition wall and it is being used as lodge. Plaintiff resides in
Kerala State. Therefore, he was unable to give reply to the notice.
Thereafter Corporation passed order for the demolition of the suit
premises. Thus, according to plaintiff, the notice and order are illegal
and prayed to grant adinteriminjunction.
4. Notice served to the defendant. Defendant filed an affidavit of
one B.L.Shingane and documents.
5. I have heard both the parties.
6. Shri. Kudalkar advocate for plaintiff has invited my attention
towards the documents on record. According to him, except the
inspection report, there is no any documentary evidence to show that
the suit premises is being used for lodge. He further submitted that
plaintiff did not give an opportunity to put his grievances because he
resides in Kerala State. Therefore, he prayed to grant adinterimrelief.
7. Smt. Chavan, advocate for defendant/Corporation has invited my
attention towards inspection report. According to her, the premises is
being used as a lodge. There is a change of user. Hence, she prayed to
reject the petition.
8. The defendant/Corporation issued a notice to plaintiff
U/sec.347A of the MMC Act. According to defendant, plaintiff changed
the user of the suit premises and now runs lodge there. Admittedly,
plaintiff has not given reply to the notice. From the perusal of
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documents produced by plaintiff, it appears that plaintiff has taken
electric supply and also land line telephone connection in the suit
premises. It is the contention of plaintiff that he gives the suit premises
to poor people especially suffering from Cancer. As discussed in supra,
except inspection report, Corporation has not seized any documents
from the spot. In view of the facts and circumstances of the case, it
appears that the defendant/Corporation has passed order in the
absence of reply to the notice by plaintiff. Therefore, it is necessasry to
direct the Corporation to consider the reply given by plaintiff and then
pass order. Hence, the following order :
O r d e r
1. Defendant/Corporation is directed to
consider the reply filed by plaintiff to the
impugned notice. Till then, defendant
Corporation is directed not to take any coercive
action in respect of the suit property.
2. Draft Notice of Motion be registered.
Date : 13.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 13.02.2018
Typed on : 13.02.2018
Signed by HHJ. : 13.02.2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
13.02.2018 /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
13.02.2018
JUDGEMENT/ORDER signed
by P.O. on
13.02.2018
JUDGEMENT/ORDER
uploaded on
13.02.2018 .
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