Interim Order 1

Order Details: Other
Pdf Text: Issues in Suit No.371/2019 Exh.8
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
SHORT CAUSE SUIT NO. 371/2019
Lalmani Motilal Yadav … Plaintiff
V/s.
Javitri Satyanarayan Yadav and Others … Defendants
ISSUES
1. Does the plaintiff prove that the father of the plaintiff, deceased
Motilal Dukhu Yadav, had jointly contributed the requisite amount
to start the business of Tea from the suit premises i.e. “Yadav Tea
and Cold Drink Shop” situated near Beet No.3, P. W. D. Godown,
Opposite Central Government Colony No.16, 4th Road, Kishan
Kharat Marg, Plot No.108, Ghatkopar,West,Mumbai?
2. Does the plaintiff prove that the Family Settlement dated 16th
October, 1990 executed in respect of suit premises i.e. “Yadav Tea
and Cold Drink Shop” situated near Beet No.3, P.W.D. Godown,
opposite Central Government Colony No.16, 4th Road, Kishan
Kharat Marg, Plot No.108, Ghatkopar, West, Mumbai, is valid,
legal and binding upon the defendant Nos.1 to 4?
3. Does the plaintiff prove that the plaintiff or his father, Motilal
Dukhu Yadav, have any right, title, interest in the suit property i.e.
“Yadav Tea and Cold Drink Shop” situated near Beet No.3, P.W.D.
Godown, opposite Central Government Colony No.16, 4th Road,
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Kishan Kharat Marg, Plot No.108, Ghatkopar, West, Mumbai, is
valid, legal and binding upon the defendants no.1 to 4?
4. Does the plaintiff prove that, pursuant to the Family Settlement
dated 16th October, 1990, the plaintiff has a 50% share in the suit
premises i.e. “Yadav Tea and Cold Drink Shop” situated near Beet
No.3, P.W.D. Godown, opposite Central Government Colony No.16,
4th Road, Kishan Kharat Marg, Plot No.108, Ghatkopar?
5. Does the plaintiff prove that the Suit Room, i.e. Room No.3,
admeasuring about 100 sq. ft. At Karim Chawl, Karnik Plot,
Nityanand Nagar, Ghatkopar West, Mumbai - 400086, is
purchased by Chikhuri Dukhu Yadav from a joint family Joint
Family income and is the same ancestral property?
6. Does the plaintiff prove that the Affidavit dated 13th November
2018 was executed by deceased Smt. Kalawatidevi Chikhuri Yadav
is valid, legal and binding upon the defendant nos.1 to 5 herein?
7. Does the plaintiff prove that the deed of Bequest of Permanent
property dated 23rd March, 2015, is null and void, bad-in-law and
illegal and the same is not binding upon the plaintiff herein?
8. Whether the plaintiff proves that the plaintiff is peaceful
possession or legal possession of the suit premises on the basis of
ownership of the property?
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9. Whether the plaintiff is entitled to a permanent injunction against
defendant nos.1 to 4 in respect of suit premises and suit room as
prayed by the plaintiff in the present suit?
10. Does the plaintiff prove that the plaintiff and his family members
are entitled jointly to use, occupy, possess and enjoy the suit room,
i.e. Room No.3, admeasuring about 100 sq. ft. At Karim Chawl,
Karnik Plot, Nityanand Nagar, Ghatkopar, Mumbai - 400086, along
with defendant nos.1 to 4 by virtue of equal rights, title and
interest created in favour of plaintiff, in pursuant to the execution
of the Family Settlement dated 16th October, 1990?
11. Whether the suit is barred by law of limitation?
12. Whether the plaintiff is entitled for the reliefs as prayed?
13. What order, decree and costs?
Sd/-
(R. V. Bhakta),
Date : 20.08.2026 Judge,
C. R. No.61,
City Civil Court,
Gr. Mumbai.
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