Final Order 1

Order Details: Notice of Motion
Pdf Text: ORDER ..1..
MHCC010016252020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.630 OF 2020
IN
S.C.SUIT NO.603 OF 2018
Mehtab Singh Durilal Rajoria. ...Plaintiff.
Versus.
Kalyan Singh Durilal Rajoria and another. … Defendants.
Appearance :
Adv. A. P. Jha For plaintiff.
Adv. Dipti Mehta for defendant.
CORAM : HIS HONOUR JUDGE
R.R.Patare
COURT NO.2
DATED : 12th October, 2022.
ORAL ORDER
Perused pleading and heard advocate for both parties. This
notice of motion is taken out by the plaintiff alleging that the
defendant has committed breach of order passed in notice of motion
no.1607 of 2019. Plaintiff is seeking attachment and arrest of defendant
for breach of order passed in notice of motion. The learned advocate
made reference to the order passed in notice of motion no.1607 of 2019
and some photographs annexed alongwith affidavit filed in support of
this notice of motion and tried to demonstrate that defendant has
committed breach of order. The learned advocate also relied on the
unreported Judgment in the case of Bijiga Papa Rao & Others vs.
Jonnalagadda Srinivasa Rao in C.R.P. No.2919 of 2014 passed on
-- 1 of 4 --
ORDER ..2..
07.11.2014 by the Hon’ble Andhra High Court and unreported
Judgment in case of B. Chandra Sekhar Reddy and Others vs. K. Naga
Raju Yadav and Another in C.R.P. No.6251 of 2012 passed by the
Hon’ble Andhra High Court on 04.01.2013. I have gone through the
Judgment cited supra on behalf of the learned advocate appearing for
the plaintiff. From the cumulative reading of Judgment cited supra it is
settled that steps can be taken for implementation of the order passed
by the Court by way of police aid etc., The advocate for plaintiff has
relied on the Judgment cited supra and tried to submit that necessary
orders are required to be passed for implementation of order passed by
the Court. In this backdrop, it is just and necessary to make reference to
the order passed in notice of motion no.1607/2019 and to see whether
there is any breach of said order at the hands of defendant. Vide order
dated 07.08.2019 the defendant where restrained from alienating
/disposing the suit premises and was further directed not to part with
possession of ground floor of suit premises in favour of third party till
the decision of suit. The learned advocate appearing for plaintiff place
photographs on record and submitted that tuition class are being
conducted in the suit premises in contravention of order passed in
notice of motion no.1607 of 2019. It is noteworthy to see that
photographs do not suggest in any way that defendants have created
third party interest or handed over possession of suit premises to any
third party. There is no explanation in the affidavit filed in support of
notice of motion in respect of alleged breach committed by defendant.
The plaintiff has failed to produce on record reliable and convenience
evidence to establish that the defendant has committed breach of order
passed in notice of motion no.1607 of 2019. In such circumstances, the
defendant cannot be held guilty for breach of order. In the result,
following order is passed.
-- 2 of 4 --
ORDER ..3..
ORDER
Notice of Motion No. 630 of 2020 stands dismissed with no
order as to costs.
(R.R.Patare)
Judge
City Civil Court, Gr.Mumbai
Date : 12.10.2022
Typed on : 12.10.2022
HHJ signed on : 12.10.2022
-- 3 of 4 --
ORDER ..4..
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
DATED 12.10.2022 , 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
12.10.2022
JUDGMENT/ORDER signed by P.O.
on
12.10.2022
JUDGMENT/ORDER uploaded on 12.10.2022
-- 4 of 4 --