Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 342-18 in Suit No. 2974-14
CNR NO.MHCC01-001406-18
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 342 OF 2018
IN
L.C. SUIT NO. 2974 OF 2014
Mustafa Hamza Soni …...Plaintiff
Versus
The Municipal Corporation of Gr. Bombay ..... Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 03rd March, 2020.
Appearance:
Ld. Adv. Mr. Amey Deshpande for plaintiff.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary injunction
restraining the defendant corporation from trenching, digging, removal
of plaintiff’s belongings, dislocating the boundary of the premises.
2. Heard Learned Advocate for the plaintiff and learned Advocate
for the defendant corporation.
3. The prayers in the suit are as follows:
‘’(a) that the defendants, their officers, their associates and the
concerned person through to under them claiming be restrained
permanently by an order of injunction of this Hon’ble Court to remove
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2 NM 342-18 in Suit No. 2974-14
tiles, flower plots from the open compound of the suit building shown
under the plan annexed hereto of 84/94 Zainab Manzil, Tardeo Road,
Mumbai-34.
(b) That the defendants, their officers, their associates or
concerned person through or under them claiming, be directed by
mandatory order of injunction to issue the show cause notice under
Section 351 to the occupant of the said Andata Kendra to remove shed
existing in the open compound of the suit building namely 84/94
Zainab Manzil, Tardeo Road, Mumbai-34 and to remove electric pol
installed therein:
(c) that pending the hearing and final disposal of the present suit
temporary order of injunction in terms of prayer clause (a) above be
granted:
(d) That the defendants be ordered and decreed to pay to the
plaintiffs the amount of damages for breaking tiles and /or for removal
of flower pots as per the quantum this Hon’ble Court pleased to think fit
the plaintiff undertakes to pay court fees if any required to be paid
thereon:
(e) cost of the suit be provided for:
(f) that such further and other orders be passed and reliefs be
granted as may be expedient and /or necessary.’’
4. It needs to be mentioned that the plaintiff has to have cause of
action. The plaintiff has to point out the cause of action for seeking
temporary injunction. The plaintiff in paragraph No. 3 of the plaint
contends that, the defendants had removed the tiles and took away
flower pots.
On perusal of the notice of motion, the plaintiff appears to have
made blanket prayer for temporary injunction. The plaintiff does not
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appear to have cause of action to seek relief of temporary injunction.
The notice of motion therefore cannot be entertained.
The plaintiff has failed to make out the prima-facie case in her
favour. The balance of convenience does not lies in favour of the
plaintiff. The plaintiff would not be put to irreparable loss, if the
injunction is refused. In the result, following order is passed.
ORDER
The Notice of Motion No. 342/2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 03.03.2020 City Civil Court, Mumbai.
Dictated on : 03.03.2020
Transcribed on : 04.03.2020
Signed by HHJ on : 14.03.2020
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4 NM 342-18 in Suit No. 2974-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.03.2020 5.19 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
03.03.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded on 14.03.2020
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