Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010015542020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.595 OF 2020
IN
SUIT NO.2210 OF 2018
Smt. Sameeta Santosh Khatate. ...Plaintiff.
Versus.
Smt. Sulochana Shantaram Kasar and others. … Defendants.
Appearance:
Adv.Pratibha Katkar for plaintiff.
Adv.Shailesh Chavan for defendant no.1 to 3.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 16th December 2022
ORAL ORDER
Perused pleading, evidence and heard advocate for the parties.
This notice of motion is taken out by plaintiff for seeking relief of
declaration, for partition and possession and for order of injunction
restraining defendants from causing obstruction in the possession of
plaintiff in respect of room no.816 situated at Janata Colony, BPT
building, Worliwada, Mumbai. The defendant filed reply and oppose the
notice of motion. It is the case of plaintiff that suit room is ancestral
property of joint family consisting plaintiff and defendant no.1 to 3. It is
stated that plaintiff is the married daughter of defendant no.1. The
defendant no.2 and 3 are brothers of plaintiff. The relation between
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ORDER ..2..
plaintiff and defendants have became strains. The plaintiff requested
defendants to effect partition of suit room. However they did not accept
the request made by defendants. It is contended that defendant no.1 is
the owner of suit room. The defendant no.1 is residing in the suit room.
It is alleged that plaintiff has filed false suit with intention to harass the
defendants.
2. The relation between the parties to the suit are not in dispute.
The plaintiff’s suit is for partition and separate possession. The plaintiff
is claiming her ¼ share in the suit room. By way of notice of motion the
plaintiff is seeking relief of declaration that she is entitled for ¼ share.
She further claims to effect partition of suit room and put her in
possession to the extent of her share. The relief claimed in the notice of
motion are in the nature of final relief. By way of interim order no final
relief can be granted. The question whether suit room is ancestral
property of plaintiff and defendants and that whether plaintiff is
entitled to get ¼ share will have to be considered at the time of final
decision of suit. Therefore, allowing the present notice of motion will
amounts to grant final relief to the plaintiff. The plaintiff has failed to
made out prima facie case. Defendants will be deprived of their right to
put up their defence and therefore will cause irreparable loss to them.
In such circumstances, the balance of conveyance in favour of
defendants. Hence, following order is passed.
ORDER
Notice of Motion no. 595 of 2020 is hereby rejected with no
order as to costs.
(R.R. Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 16.12.2022
Typed on : 16.12.2022
HHJ signed on : 16.12.2022
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ORDER ..3..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 16.12.2022, 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. R.R. Patare.
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
16.12.2022
JUDGMENT/ORDER signed by P.O.
on
16.12.2022
JUDGMENT/ORDER uploaded on 16.12.2022
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