Final Order 1

Order Details: Notice of Motion
Pdf Text: 1/2 NM No.641/19 in Su.230/2019
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
CNR No. : MHCC010016622019
NOTICE OF MOTION NO.641/2019
IN
SUIT NO.230 OF 2019
Juber Ahmed Ibrahim Shaikh ...Plaintiff
V/s.
Nahida Juber Shaikh ...Defendant
Adv. Yadav for plaintiff.
Adv. Shukla with Tiwari for defendants no.1 & 2.
CORAM : HHJ Shri. G.R. Agrawal
CR No.3
DATED : 18.3.2019.
ORDER
(Dictated in open court)
By this notice of motion, the plaintiff is seeking temporary
injunction to restrain defendants from creating third party interest in
the suit premises and appointment of Court Receiver. The defendants
have filed affidavits in reply to the motion, wherein it is stated that the
written statements filed by them may be treated as reply to the present
motion.
2. Heard Ld. Counsel for the parties. Perused the record.
3. During the course of hearing of the motion, the Ld. Counsel for
defendants submitted that the defendants have no intention to create
third party interest in the suit property. As regards the prayer for
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appointment of Court Receiver, he urged that no case has been made
out by the plaintiff for appointment of Court Receiver.
4. The Ld. Counsel for plaintiff has submitted that the plaintiff is
seeking declaration of ownership and possession of suit premises. He
therefore submitted that temporary injunction may be granted and
Court Receiver may be appointed in the suit premises.
5. On hearing the Ld. Counsel for the parties and on perusing the
pleadings, I find that the plaintiff has not made out any case for
appointment of Court Receiver in the suit property. Admittedly, the suit
property is situated in Slum area. As regards the apprehension of
plaintiff regarding creating third party interest, the statement made by
of Ld. Counsel for defendants is sufficient to protect the interest of
plaintiff. Hence, following order.
ORDER
1. Notice of motion no. 641/2019 is partly allowed
in terms of prayer clause (a).
2. Other prayers are rejected.
(G.R. Agrawal)
Judge
City Civil Court,
Gr. Bombay.
Dictated on : 18.3.2019
Transcribed on : 20.3.2019
Signed on : 20.3.2019
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
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3/2 NM No.641/19 in Su.230/2019
20.3.2019 at 4.450 pm (Mrs. S. W. Tuscano)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
room no.)
HHJ Shri G. R. Agrawal, C.R.
No.3
Date of Pronouncement of
JUDGMENT/ORDER
18.3.2019
JUDGMENT/ORDER signed by
P.O. on
20.3.2019
JUDGMENT/ORDER uploaded
on
20.3.2019
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