Final Order 1

Order Details: Notice of Motion
Pdf Text: N/M No. 417/18 in Suit No.122 of 2018. 1 Order dated 06/03/2024.
MHCC010016422018
Presented on : 01-02-2018
Registered on : 01-02-2018
Decided on : 06-03-2024
Duration : 6Y, 1M, 5 D
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER
IN
NOTICE OF MOTION No. 417 OF 2018
IN
S. C. SUIT No. 122 OF 2018
Mr.Shankar Lingoji Bachwal ...Plaintiff
Versus
1. Mr.Ramswaroop Lingoji Bachwal
and ors ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. R. BHAGWAT
CITY CIVIL COURT
GR. BOMBAY ( C.R.No.65)
DATE : 06/03/2024
Appearance :
Adv. Sitaraman h/f adv. Sandeep Bane for the plaintiff
None for defendants No.1 and 2.
ORDER
1. The plaintiff has taken out this Notice of Motion for temporary
-- 1 of 6 --
2
injunction and appointment of the Court Receiver in respect of the suit
premises. Perused the affidavit in support and suit proceedings. Heard
Ld. Counsel through advocate Sitaraman for plaintiff.
2. No reply order is already passed against the defendants in
roznama dated 11/11/2021. My Ld. Predecessor had granted interim
relief to the plaintiff as per order in roznama dated 01/02/2018.
3. The plaintiff has filed the suit for seeking declaration
regarding family settlement dated 18/07/1983 executed between both
sides. The plaintiff apprehends sale of the suit premises by the
defendants in breach of said family settlement. If such transaction takes
place, it may increase complications in the matter. It may also result in
multiplicity of the proceedings. Hence, temporary injunction can be
granted to protect the interest of the plaintiff and to prevent the suit
from becoming infructous. All three cardinal principles of granting
temporary injunction tilt towards the plaintiff. Appointment of the
Court Receiver is not required for want of satisfaction of requirements
under Order 40 of the Civil Procedure Code. With this, I proceed to pass
the following order:-
ORDER
1. Notice of Motion No. 417 of 2018 in Suit No. 122 of
2018 is made absolute in terms of prayer clause (a).
-- 2 of 6 --
3
2. Proceedings of Notice of Motion No.417 of 2018 in Suit
No.122 of 2018 is closed.
(R. R. Bhagwat)
Date- 06.03.2024 Judge,City Civil Court,
Gr. Bombay.
Dictated on : 06.03.2024
Typed on : 06.03.2024
Checked on : 06.03.2024
Signed on : 06.03.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
06/03/2024. 5.57 p.m. ( Mrs. T.C.Kamble)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R.R. Bhagwat (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
06/03/2024.
JUDGMENT/ORDER signed by
P.O.on
06/03/2024.
JUDGMENT/ORDER uploaded on 06/03/2024.
-- 3 of 6 --
4
-- 4 of 6 --
5
-- 5 of 6 --
6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.02.2024 at 12.40 PM (Mr. Mohit M. Patange)
UPLOAD DATE AND TIME NAME OF Stenographer
Name of the Judge (With Court
room No.)
HHJ Shri. R.R. Bhagwat (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
13/02/2024
JUDGMENT/ORDER signed by
P.O.on
13/02/2024
JUDGMENT/ORDER uploaded on 15/02/2024
-- 6 of 6 --