Interim Order 1

Order Details: Chamber summons
Pdf Text: 1 Unregistered Ch.S. in L.C.Suit no.369-2019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
UNREGISTERED CHAMBER SUMMONS
IN
L.C. SUIT NO.369 OF 2019
Shri Ankush Gopal Tambe ]...Plaintiff.
Versus
The Municipal Corporation of ]
Greater Mumbai, Mumbai. ]... Defendants.
Coram : Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 13th February, 2019.
Mr. Kishor Hase advocate for plaintiff.
Ms. Patil, advocate for defendant.
Ms. Preeti Gada, advocate for Applicant.
ORDER
1. The plaintiff who was the Petitioner in Writ Petition (L.)
No.264 of 2019 was protected by the Hon'ble High Court by directions
in paragraph No.5 of the Order which are reproduced as follows:
(i ) It is submitted by the Learned Advocate for plaintiff that
similar suits bearing Stamp No.1602 of 2019 and Stamp No.1634 of
2019 are filed and Adinterim relief is granted in those suits.
“As the Petitioner intends to file a
suit, the Municipal Corporation for a
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2 Unregistered Ch.S. in L.C.Suit no.369-2019
period of two weeks shall not take
any action under the impugned
speaking order dated 23 January,
2019 passed by the Designated
Officer, Assistant Engineer (B & F),
Ward D, Mumbai”.
2. Some of the tenants have also filed suit arising out of the
same property. They are protected by adinterim relief. The Landlord
also had moved the Chamber Summons for adding him as party
defendant in the present suit. In order to avoid conflicting orders the
present suit needs to be placed on 20th February, 2019, as other suits
are also kept for arguments that day. The protection granted by the
Hon'ble High Court needs to be extended, so as to unable this Court to
decide the Chamber Summons and Notice of Motion for interim relief
together.
3. The plaintiff is directed to file say to the Chamber
Summons for adding the Landlord as a party defendant to the suit. The
plaintiff to serve the copy of reply to the Chamber Summons to the
advocate of the intervener i.e. proposed defendant in advance.
4. The suit to be posted for hearing the Chamber Summons
and Notice of Motion on 20.02.2019.
Sd/-
(Sanjay N. Yadav)
Judge,
City Civil Court, Mumbai.
Dictated on : 13/02/2018.
Transcribed on : 14/02/2019.
Signed by HHJ on : 14/02/2019.
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3 Unregistered Ch.S. in L.C.Suit no.369-2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 20.02.2019 at 1.50 p.m.
NAME OF STENOGRAPHER : Mrs. Varsha U. Pawar
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
13/02/2019
JUDGMENT/ORDER signed by
P.O. on
14/02/2019
JUDGMENT/ORDER uploaded
on
20/02/2019
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