Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 42518 in Suit N o. 26318
CNR NO.MHCC0100168118
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 425 OF 2018
IN
L.C. SUIT NO. 263 OF 2018
Savita wd/o. Keshav Nagar …...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai & Anr..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 22nd March, 2019.
Appearance:
Adv. Mr. Yogesh Vora for the plaintiff.
Adv. Mr. Dhumale for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks to restrain the
defendant from disposing the suit.
2. It is the case of the plaintiff that, she is in possession of Room
No. 17, by virtue of allotment letter dated 10.08.1989. It is contended
that the defendant no. 3 is falsely asserted her right on the suit
premises. The plaintiff has apprehension that she would be disposed
from the suit premises.
3. The defendant nos. 1 and 2 had filed written statement,
contending that the suit premise stands in the name of the defendant
no. 3 and the plaintiff was allotted the room held by her motherinlaw
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Smt. Mali Vira Nagar on 13.04.1989.
4. The defendant no. 3 claims right from one Dewoo Ramji
Nagar. Prior to Dewoo Ramji Nagar, the suit premises was in the name
of Vira Karsan Nagar.
5. The plaintiff had produced the agreement of allotment letter
dated 10.08.1989 on record . she is put in possession of Room no. 17 in
the suit premises by virtue of the said agreement. The defendant have
not produced any document on record showing that the order of the
allotment letter dated 10.08.1989 in favour of the plaintiff is canceled
on the contrary. The defendant corporation contends that vide order
dated 13.04.1989, the plaintiff was put in possession of the room of her
motherinlaw Smt. Smt. Mali Vira Nagar. The written statement of the
defendant does not point out that the allotment letter annexed with the
plaint by the plaintiff is false. The documents annexed by the defendant
no. 3 with the written statement showing that the service of Dewoo
Ramji Nagar was over on 01.06.2011 and the room of Dewoo Ramji
Nagar was transferred in the name of defendant no. 3.
6. At present, there is nothing to infer that the allotment letter
annexed with the plaint in favour of the plaintiff is false. From the
documents, the plaintiff appears to be in possession of the suit premises
since 1989. The plaintiff primaface to have right the suit premises.
The balance of convenience lies in favour of the plaintiff. The plaintiff
would be put to irreparable loss, if the injunction is refused. As the
plaintiff is in possession on the suit premises since 1989, she cannot be
disposed from the suit premises without following due process of law.
In the result, following order is passed:
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ORDER
1. The Notice of Motion No. 425/2018 is hereby allowed.
2. The defendant corporation are hereby restrained from possessing the
plaintiff from the suit premises without following due process of law.
3. The Notice of Motion stands disposed off.
(Sanjay N. Yadav)
Judge,
Date : 22.03.2019 City Civil Court, Mumbai.
Dictated on : 22.03.2019
Transcribed on : 25.03.2019
Signed by HHJ on : 29.03.2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 30.03. 2019 at 10.30 am.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri.Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
22.03.2019
JUDGMENT/ORDER signed by
P.O. on
29.03.2019
JUDGMENT/ORDER uploaded
on
30.03.2019
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