Final Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 660/19. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
L. C. SUIT NO. 660 OF 2019
(CNR NO. MHCC010147532018)
Mr. Mansoor Ali (Salim) Maqsood Ali ...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 12th DECEMBER, 2019.
Mr. Pratap Singh, Advocate for Plaintiff.
Mr. Giri, Advocate for Defendants / MCGM.
ORDER
This is a motion submitted by plaintiff to produce unscaled
map of suit premises alongwith various photographs. Ld. advocate for
plaintiff Mr. Pratap Singh submits that on last date one map was
submitted on behalf of plaintiff vide Exh.11. However, Mr. Pratap
Singh has personally visited the suit site and he intend to produce the
exact position of suit premises which comprises two structures as shown
in map Exh.A alongwith present draft motion. It is prayed for
permission to produce these documents on record.
2. Ld. advocate Giri for defendant MCGM submits that it
reveal from present record that there was no description of suit
premises when suit came to be lodged by the plaintiff. It is added that
motion is supported by the affidavit of Smt. Sabiha Maqsood Ali,
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Draft N/m in Suit No. 660/19. 2 Order.
mother of plaintiff. It is not clarified by the applicant, in what capacity
she has preferred this motion, whether plaintiff has authorized her and
what is her status in present suit. It is added that to fill up lacuna
present motion came to be preferred by the plaintiff. It is requested to
reject the motion.
3. The ultimate object of the present motion is to clarify the
position of the suit property as advocate Mr. Pratap Singh has
personally visited the suit premises. He intended to bring nature of the
suit premises and to clarify position as he submit rough sketch map vide
Exh.11.
4. The registered Notice of Motion No. 189/2019 is for an
appropriate order for temporary injunction. Production of map and
photos is allowed. Hence the order :
ORDER
1. Draft Notice of Motion is allowed.
2. Plaintiff is allowed to submit map and photos. No order of
costs.
3. Draft N/m is disposed off accordingly. It be registered for
statistical purpose.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 12/12/2019. Mumbai.
1. Dictated on : 12/12/2019.
2. Transcribed on : 13/12/2019.
3. Signed on : 16/12/2019.
4. Delivered to Certified :
Copy Section on
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Draft N/m in Suit No. 660/19. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
16/12/2019. 1.56 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 12/12/2019.
Judgment/Order signed by P.O. on 16/12/2019.
Judgment/Order uploaded on 16/12/2019.
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