Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M.689/19 (LCS 358/17)
MHCC010017912019
IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI
NOTICE OF MOTION No.689 OF 2019
IN
LONG CAUSE SUIT No.358/2017
Manojkumar Pranjeevan Rajgor
& 5 Ors. … Plaintiffs
Versus
1] The Municipal Corporation
of Greater Mumbai.
2] M/s. Indu Enterprises ... Defendants
Appearance :
Mr. Yadav, Advocate for plaintiffs.
Mr. D'silva with Mrs. Chavan, Advocates for defendant No.1/M.C.G.M.
Mr. Menon with Ms. Nagi i/b. Divya Shah & Associates, Advocates for
defendant No.2.
CORAM : S. H. SALUNKHE,
JUDGE CITY CIVIL COURT,
COURT ROOM NO.4.
DATED : 20/9/2022.
O R D E R
. The plaintiffs have taken out Notice of Motion for
permission to carry out repairs of suit building.
2] It is contended that the defendant No.1/Corporation has
issued notice under Section 354 of The Mumbai Municipal Corporation
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2 N/M.689/19 (LCS 358/17)
Act (in short the M.M.C. Act) for demolition of suit structure and the
said notice has been challenged by the plaintiffs by filing suit. The
plaintiffs have carried out structural audit and structural auditor opined
that structure is in reparable condition. However, the defendant No.2/
developer is not carrying out repairs. Hence the plaintiffs be permitted
to carry out repairs of suit building.
3] The plaintiffs are seeking permission to carry out repairs to
suit buildings however, Notice of Motion No.602/2017 for temporary
injunction restraining defendant No.1/Corporation from demolishing
suit structure pursuant to the notice issued by the Corporation under
Section 354 of the M.M.C. Act, has been rejected on merit. Therefore,
relief to permit the plaintiffs to carry out repairs of suit building cannot
be granted. In view of dismissal of Notice of Motion No.602/2017 on
merit the plaintiffs are not entitled for reliefs claimed in present Notice
of Motion. Hence I pass following order :
O R D E R
Notice of Motion No.689/2019 is dismissed.
Date : 20/09/2022. ( S. H. SALUNKHE )
Judge City Civil Court,
Court Room No.4,
Gr. Mumbai.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
30/09/2022 11:10 a.m. V. V. Kulkarni
NAME OF STENOGRAPHERUPLOAD DATE TIME
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3 N/M.689/19 (LCS 358/17)
Name of the Judge (With Court
Room No.)
H. H. Judge Shri. S. H. Salunkhe,
Court Room No. 4.
Date of Pronouncement of ORDER 20/09/2022
ORDER Typed on 29/09/2022
ORDER signed by P.O. on 29/09/2022
ORDER uploaded on 30/09/2022
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