Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM....2018 : 1 : SU.No.227/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION....2018.
IN
L.C. SUIT NO. 227 OF 2018
Smt. Leela Rijhumal Tuniya & Ors.. .. Plaintiff.
Versus.
Mumbai Municipal Corporation
of Greater Mumbai... .. Defendants.
Ld. Advocate Ms. Bosamia for the Plaintiff.
Ld. Advocate Mrs. Chavan for the Defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 29th JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion and thereby
prayed to restrain the defendant/Municipal Corporation from further
demolition of the part of the suit premises.
2. According to the plaintiff, plaintiff is a widow of late Rijhumal
Tuniya. Plaintiff Nos. 2 and 3 are the sons of plaintiff No.1. Suit
premises is a stall/ wooden cupboard admeasuring 2 ft. x 1.5 ft. and 10
ft height at Bismillah Building, Ranade Road, Dadar, Mumbai400 028.
According to plaintiff, plaintiff No.1's husband Rijhumal Tuniya started
business of Hosiery in the suit premises. Late Rijhumal Tuniya. has
obtained necessary license from the Competent Authority. Rijhumal
Tuniya died on 15/08/1982. Thereafter the tenancy is transferred in
the name of plaintiff No.1. Now, plaintiff No.2 and 3 being the sons of
plaintiff No. 1 run business in the suit premises. On 11/01/2018 at
about 3.00 p.m. the Assistant Municipal Commissioner, "G" North Ward
along with the Senior Inspector of Fire Brigade came in the suit
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premises and they demolished one cupboard of the plaintiffs.
Thereafter plaintiffs showed the documents to the defendant.
However, defendant is intending to demolish the entire suit property.
Therefore, by this application, plaintiff prayed for relief sought.
3. I have heard advocate for plaintiff and Mr. Sutar advocate for
defendant/Corporation.
4. Advocate for defendant has submitted that henceforth,
Corporation will take action as per the due process of law. Therefore,
there is no apprehension to the plaintiff.
5. I have perused the documents on record. It appears that initially,
Rijhumal Tuniya was a tenant in the suit premises. Thereafter, after his
demise, the tenancy is transferred in the name of plaintiff No.1. It
appears that the plaintiff have obtained necessary licenses from the
Competent authority and plaintiff Nos. 2 and 3 run Hosiery business
there. It also appears that the defendant's officer have removed one
cupboard of the plaintiffs. It is to be noted that plaintiffs are running
business in the suit premises since long. Plaintiffs have necessary
documents. Defendant/Corporation has taken action without verifying
the documents. Therefore, in such a circumstances, plaintiff is entitled
for injunction as sought. In view of the submissions of both the parties
and particularly advocate of defendant, I finally disposed
of the notice of motion. Hence, the following order :
O r d e r
1. Draft Notice of Motion is hereby allowed.
2. Defendant, it's agent servant of anybody on behalf of
defendant are hereby temporary restrained from further
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demolition of the suit premises till the disposal of
the suit on merit and due process of law.
3. Draft Notice of Motion is finally disposed of.
4. NM be registered for statistical purpose.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 29.01.2018
Typed on : 31.01.2018
Signed by HHJ. : 31.01.2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
31.01.2018 /04.30 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
29.01.2018
JUDGEMENT/ORDER signed
by P.O. on
31.01.2018
JUDGEMENT/ORDER
uploaded on
31.01.2018
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