Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.474/2019 ..1.. S.C. Suit No.3245/2018
CNR No. MHCC01- 001160-2019
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 474 OF 2019
IN
S. C. SUIT NO.3245 OF 2018
Ramajor Rameshwar Giri. .. Plaintiff
Versus
Mrs. Sunita Ramajor Giri and others. .. Defendants.
Advocates
R. R. Chaudhari for the plaintiff.
Ramesh Kamble for defendant no.1.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 29th February, 2020
ORAL ORDER
Present notice of motion is taken out on behalf of the plaintiff
for temporary injunction to restrain defendant no.1 from dispossessing
the plaintiff from suit premises and not to create third party interest.
2. Advocate for defendant no.1 filed reply to notice of motion and
submitted that defendant no.1 will neither dispossess the plaintiff from
suit premises nor create third party interest.
3. Perused notice of motion, affidavit in support of it, reply to
notice of motion and proceedings of the case. Admittedly plaintiff is
husband of defendant no.1. They are residing in suit premises jointly as
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NM No.474/2019 ..2.. S.C. Suit No.3245/2018
co-owners. It appears that in mediation, previously plaintiff and
defendant no.1 had entered into consent terms. Consent terms are filed
on record but at the time of verification of consent terms, plaintiff
stated that he does not accept the consent terms.
4. Advocate for both parties submitted that plaintiff and defendant
no.1 will not dispossess each other or create third party interest in suit
property. Considering submission of advocate for both parties, no
prejudice would be caused to any of parties if notice of motion is
allowed in terms of prayer clause (a) and (b). In view of above facts
and circumstances, following order.
ORDER
1. Notice of Motion No.474 of 2019 is allowed and made absolute
in terms of prayer clause (a) and (b).
2. Accordingly, notice of motion is disposed of.
(Sunil T. Soor)
Judge
Date : 29.02.2020 Gr. Mumbai.
Typed on : 29.02.2020
HHJ signed on : 29.02.2020
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NM No.474/2019 ..3.. S.C. Suit No.3245/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.02.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
29.02.2020
JUDGMENT/ORDER signed by P.O.
on
29.02.2020
JUDGMENT/ORDER uploaded on 29.02.2020
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