Final Order 2

Order Details: Notice of Motion
Pdf Text: NM 436-18 in L.C.SU 1504-07 1 Date : 20.08.2025
MHCC010017232018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO. 436 OF 2018
IN
S.C. SUIT NO. 1504 of 2007
Paneer Supayya Devendra and Ors. ] … Plaintiffs
Versus
The Maharashtra Housing and Area
Development Board and Ors.
]
] … Defendants
And
Prakash Sonawane and Ors. ] … Respondents
----------------------------------------------------------------------------------------------------------------------------------------------
Appearances :-
Ld. Adv. N.N. Shah for plaintiff.
Ld. Adv. Mangal Kadam for defendant no. 1.
Ld. Adv. Trivedi for defendant no. 2/SRA.
Adv. Som Sinha a/w. Adv. Apurva Dalal for defendant no. 3/BMC.
----------------------------------------------------------------------------------------------------------------------------------------------
CORAM : R.R. PATARE
JUDGE, (C.R.NO.08)
Heard on : 18.08.2025
Decided on : 20.08.2025
ORAL ORDER
(Dictated in open court)
1. Perused pleadings and heard advocate for the parties.
2. This Notice of motion is taken out by plaintiffs alleging
disobedience of order of status quo by the defendant. According to
plaintiff, notice of motion no. 1448 of 2007 was taken out on behalf of
plaintiffs. It is further stated that on 18.04.2007 parties to the suit were
directed to maintain status quo. It is stated that notice of motion came
to be disposed off on 02.06.2008 in view of statement made on behalf
of BMC. It is further stated that by order dated 23.08.2017 the
-- 1 of 5 --
NM 436-18 in L.C.SU 1504-07 2 Date : 20.08.2025
defendants were directed to maintain status quo, however, the officers
of defendant / BMC demolished suit structure on 18.02.2020. The order
passed on 23.08.2017 is brought on record. By order dated 23.08.2017
the defendant or any other person claiming through defendants,
including agents, servants, representatives, officers were directed to
maintain status quo till 04.09.2017. There is nothing on record to
suggest that status quo order passed on 23.08.2017 was extended after
04.09.2017. Before considering the disputed facts, it is just and
necessary to make reference to some of the admitted facts on record.
3. Admittedly, notice of motion taken out by plaintiffs bearing no.
3004 of 2012 for interim relief is dismissed on 09.05.2013. The
institution of Writ Petition No. 3023 of 2016 before Hon’ble High Court
and order passed therein is not in dispute. By order dated 29.03.2016
the Hon’ble High Court is pleased to direct BMC to remove the illegal
structures and encroachment on the 120 Ft. D.P. road immediately. By
order dated 02.11.2017 passed in Writ Petition No. 2023 of 2016 the
State Government was directed to grant police protection to the
corporation with further direction to the corporation to remove the
illegal structures on the side of D.P. road within 3 weeks. By order dated
24.01.2020 in Writ Petition No. 2023 of 2016 the Hon’ble High Court is
pleased to direct to disposed off the notice of motion no. 3280 of 2017
finally within a period of two weeks from the date of said order.
Accordingly, notice of motion no. 3280 of 2017 is finally heard and
disposed off on 10.02.2020. The notice of motion no. 3280 of 2017
came to be dismissed on 10.02.2020. In this backdrop, it is just and
necessary to examine whether the defendant / BMC is in breach of any
injunction granted under Rule 1 or Rule 2 of Order 39 of Code of Civil
Procedure and whether plaintiff is entitle for restoration of status quo
ante.
-- 2 of 5 --
NM 436-18 in L.C.SU 1504-07 3 Date : 20.08.2025
4. Provisions of Order 39 Rule 2(A) of the Code are quasi criminal
in nature, therefore, the breach or disobedience of injunction order has
to be proved beyond all reasonable doubts by the person complaining of
such breach or disobedience. The standard of proof required in such a
case would, no doubt, we as is required in a criminal case, since the said
act of breach or disobedience itself entails his detention in civil
imprisonment.
5. The plaintiff has filed Affidavit in support of this notice of
motion. The defendant no. 3 BMC filed reply to the motion and denied
all the adverse allegations made in the Affidavit filed in support of
notice of motion. According to plaintiff, the defendants are in breach of
status quo order passed on 23.08.2017. The aforesaid order is brought
on record alongwith present notice of motion. By order dated
23.08.2017, the defendant or any other person claiming through them
including agents, servants, representatives, officers were directed to
maintain status-quo till 04.09.2017 with further direction to plaintiff to
serve writ of summons and notice of motion on all the defendants on or
before 04.09.2017. Admittedly, suit structures are demolished on
11.02.2020. Report to that effect is also filed on record. Admittedly, the
suit structures were at junction of Mahakali road and Narayan Hardikar
marg, Worli, Koliwada at G-South Ward. The order of status quo
admittedly came to be passed in notice of motion no. 3280 of 2017.
The aforesaid notice of motion is finally heard and disposed off by order
dated 10.02.2020. By order dated 10.02.2020, notice of motion no.
3280 of 2017 came to be dismissed. The demolition report filed on
behalf of defendant, it is seen that suit structures are demolished on
11.02.2020 i.e. after dismissal of notice of motion. The plaintiff has
failed to establish breach or disobedience on the part of defendants. No
reliable and convincing evidence is brought on record to held the
defendant guilty for breach of injunction order. In this circumstances,
-- 3 of 5 --
NM 436-18 in L.C.SU 1504-07 4 Date : 20.08.2025
no action can be initiated against defendants or its officers for breach of
any injunction order. In the result, following order is passed :
ORDER
1. Notice of Motion no. 436 of 2018 is dismissed with no order as to
costs.
2. Notice of Motion No. 436 of 2018 is disposed off.
(R.R. Patare)
Judge, City Civil Court,
Gr. Mumbai,
Dated :20/08/2025. (C.R.08)
Directly Dictated on : 20.08.2025
Signed on : 20.08.2025
-- 4 of 5 --
NM 436-18 in L.C.SU 1504-07 5 Date : 20.08.2025
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/08/2025 Ms. V.V.Sawant
Name of the Judge (With Court room
no.)
R.R. Patare (Court Room No.08)
Date of Pronouncement of
JUDGMENT/ORDER
20/08/2025
JUDGMENT/ORDER signed by P.O.
on
22/08/2025
JUDGMENT/ORDER uploaded on 22/08/2025
-- 5 of 5 --