Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 492/2020 in Suit No. 301/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 492 OF 2020
(CNR NO. MHCC01-001245-2020)
IN
L. C. SUIT NO. 301 OF 2020
(CNR NO. MHCC01-000980-2020)
Shashikant Atmaram Mali ...Plaintif
Versus
The Municipal Corporation Of Greater Bombay ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 5th FEBRUARY, 2020.
Mr. Mohit Jadhav, Advocate for Plaintif.
Mrs. Tondwalkar, Advocate for Defendants / MCGM.
ORDER
This is a motion taken out by plaintif for ad-interim
injunction in view of notice issued by defendant MCGM on
16/01/2020 under Section 354A of MMC Act.
2. Perused afdavit in support of documents
submitted by defendant vide Exh.2 alongwith independent
complaint submitted by Mr. Rajesh Patil dated 07/01/2020,
inspection report dated 16/01/2020 and various photographs
from Page No.10 to 17.
3. Ld. Advocate Mohit Jadhav for plaintif submits that
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N/m No. 492/2020 in Suit No. 301/2020. 2 Order.
plaintif has replied the notice on 27/01/2020, it is admitted
that in view of photographs from Page No.10 onwards, it was
the repair work of residential premises of plaintif. The
structure was in existence since 50 years. It is requested to
peruse genesis of the notice i.e. complaint submitted by
Rajesh Patil dated 07/01/2020. Plaintif was carrying out mere
tenantable repairs and no permission require for tenantable
repairs. There is no speaking order proceeded by defendant,
it is claimed for ad-interim injunction.
4. Ld. Advocate Tondwalkar for defendant MCGM
submits that there is no document annexed by plaintif in
respect of authorization of the structure. On perusal of photos
from Page No.10 to 17, it is crystal clear that plaintif has
completed the construction despite issuance of notice by the
MCGM. It is submitted that in view of location shown in
automatic machine of city survey number, impugned structure
is standing on C.T.S.No. 721D, 728 and 731. It is requested to
note that various photographs on Page No.10 onwards refect
that it was not tenantable repairs, on the contrary, it was
erection of new premises. It is claimed to reject the motion.
5. In view of aforesaid discussion, it is necessary to
note that Mr. Rajesh Patil averred in complaint dated
07/01/2020 that he is owner of the premises and someone has
constructed by encroachment. However, the specifc name of
person constructing is not mentioned. There is no speaking
order. It would be appropriate to proceed for the speaking
order. On perusal of plaint, in Paragraph 1, plaintif has
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N/m No. 492/2020 in Suit No. 301/2020. 3 Order.
claimed ownership over structure admeasuring 1385 sq.ft. on
C.T.S.No. 731. It is advisable to verify by MCGM prior to
proceeding for speaking order that structure as referred in
photographs Page No.10 to 17 situates exactly on which city
survey number.
6. Ad-interim relief is given till speaking order to be
issued by designated ofcer. If it is adverse to plaintif, no
coercive action shall be taken for 10 days from service of
notice to plaintif. MCGM is at liberty to verify whether suit
structure is standing on C.T.S.No. 731 or C.T.S. Number as
mentioned in notice dated 16/01/2020. Meanwhile, plaintif to
approach the ofce of City Survey Ofcer to obtain report in
respect of suit premises and measurement map of C.T.S.No.
731. Hence the order :
- ORDER -
1. Ad-interim relief is granted in view of prayer clause
(a) and (b).
2. MCGM to proceed for speaking order. If it is in
adverse, no coercive action shall be taken for 10
days from service of notice to plaintif.
3. MCGM is at liberty to verify whether suit structure
is standing on C.T.S.No. 731 or C.T.S.Number as
mentioned in notice dated 16/01/2020. Meanwhile
plaintif to approach the ofce of City Survey Ofcer
to obtain report in respect of suit premises and
measurement map of C.T.S.No. 731.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/02/2020. Mumbai.
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N/m No. 492/2020 in Suit No. 301/2020. 4 Order.
1. Dictated on : 05/02/2020.
2. Transcribed on : 06/02/2020.
3. Signed on : 07/02/2020.
4. Delivered to Certifed :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/02/2020. 1.47 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of
Judgment/Order
05/02/2020.
Judgment/Order signed by P.O. on 07/02/2020.
Judgment/Order uploaded on 07/02/2020.
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