Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 507-18 in LC. Suit no. 2734-1995
1 Date : 18.09.2019
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 507 OF 2018
IN
L.C. SUIT NO. 2734 OF 1995
(CNR NO.MHCC010019862018)
Bharat S. Dhavda & Ors. .. Plaintiffs
Versus
Narendra A. Tanna & Ors. .. Defendants
Appearances :
Adv.S.S.Redekar for plaintiff present.
Adv.Snehal Gambhir for applicant present.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date :18.09.2019
ORDER
1. The plaintiff filed instant Notice of Motion for directing
Court Receiver to take possession of Room No. 27, 1st Floor,
Krishna Kunj, 4th Dadiseth Road, Babulnath, Mumbai – 400 007
and give possession of the said Room to the plaintiff and appoint
them as an agent of Court Receiver without payment of any
royalty.
2. It is contended by the plaintiff that they have filed suit for
possession of other reliefs against the defendants. During
pendancy of he suit, this Court vide order dated 29.03.1996
appointed Court Receiver to take the possession of the property.
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NM 507-18 in LC. Suit no. 2734-1995
2 Date : 18.09.2019
Accordingly, the Court Receiver prepared list of occupants who
were in possession and occupation of their respective tenement.
As per the list, there is no change of tenancy and plaintiff have not
given any consent for transfer of rent receipt in respect of any
tenement.
3. It is further contended by the plaintiff that on 10.04.2014,
the Court Receiver visited the Room No. 27 which stands in the
name of Peter Pareira who has sublets the said Room to Mr. Sayed
Mohd. Yusuf Mukadam. The said Sayed Mohd. Yusuf Mukadam
also expired and Room No. 27 is in locked condition and it is lying
vacant. Since the death of the Sayed Mohd. Yusuf Mukadam, no
one claimed the said premises being the heirs of the deceased
original tenant Peter Pareira.
4. It is further contended by the plaintiffs that on 07.11.2017,
they have issued letter to the Court Receiver to take action in
respect of Room No. 27 but the Court Receiver inspite of receipt of
said letter no action has been taken by the Court Receiver.
5. It is contended by the plaintiffs that as the Room No. 27 is
lying on vacant condition is causing damage and wastage to the
property and since January 2012 is being paid in respect of the
said Room. Therefore, no purpose would be served by keeping
locked Room No. 27.
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NM 507-18 in LC. Suit no. 2734-1995
3 Date : 18.09.2019
6. It is submitted by the plaintiff that during pendency of the
trial and when the property was vested with the Court Receiver,
the original tenant has sublet the Room No. 27 to third party
without consent of Landlord, Court Receiver and also this Court.
Therefore, the plaintiff requested for appointing them as an agent
of Court Receiver and handover the possession of the Room No. 27
without any royalty.
7. None of the defendants opposed the application by filing
their say. Heard Ld. Advocate S.S.Redekar for the plaintiff.
Perused Notice of Motion. Plaintiffs are claiming possession of
Room No. 27 and appointing them as an agent of the Court
Receiver. One intervenor Mr. Sameer Sawant has filed Chamber
Summons No. 1425 of 2019 adding him as a party on the ground
that he is in occupation of Room No. 27. The aforesaid Chamber
Summons was came to be rejected vide order dated 16.09.2019.
Admittedly, during pendency of the present suit, my Predecessor
vide order dated 29.03.1996 passed in Notice of Motion No. 2599
of 95 appointed Court Receiver in respect of the entire property.
Accordingly, the Court Receiver on 16.07.1996 obtained the
possession of the entire building. The Court Receiver prepared its
report and list of occupants. The Court Reciver time to time
visited the building and filed its report on 19.07.2016, 04.06.2003,
23.07.2003, 18.08.2003, 19.09.2003, 23.09.2003, 01.10.2003,
09.12.2003, 20.03.2009, 07.08.2009, 23.04.2015 and 21.12.2016.
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NM 507-18 in LC. Suit no. 2734-1995
4 Date : 18.09.2019
8. On perusal of the above reports, the Court Receiver
mentioned that Room No. 27 was found locked having name plate
of Mr. Peter Pareira. It is not in dispute that the Mr. Sameer
Sawant filed Chamber Summons No. 1290 of 2003 against the
order or sealing of Room No. 19. My predecessor vide its order
dated 07.11.2003 dispose off the said Chamber Summons. It was
observed in the order that the applicant was in possession of Room
No. 19 and Room No. 27 was found to be locked. Thus, after
considering the aforesaid material, it is clear that Room No. 27 is
locked having name plate of Mr. Peter Pareira. Therefore, in order
to avoid the wastage and damage of the Room No. 27, prayer of
the plaintiff needs to be accepted so that the property can be
maintained. Therefore, in my view, the Notice of Motion needs to
be allowed. Thus, I proceed to pass the following order.
ORDER
1. Notice of Motion No. 507 of 2018 is made absolute in terms
of prayer clause “a”.
2. Court Receiver is directed to hand over the possession of the
Room No. 27, 1st Floor, Krishna Kunj, 4th Dadiseth Road,
Babulnath, Mumbai – 400 007 to the plaintiff as Agent of
the Court Receiver without payment of any royalty.
3. The plaintiff’s report be forwarded to this Court by the Court
Receiver.
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NM 507-18 in LC. Suit no. 2734-1995
5 Date : 18.09.2019
4. Notice of Motion No. 507 of 2018 is disposed off accordingly.
(A.H.Laddhad)
Additional Judge
Bombay City Civil Court
Dated : 18.09.2019 Gr. Bombay
Dictated on : 18.09.2019
Typed on : 18.09.2019
Draft Submitted on : 18.09.2019
Checked on : 19.09.2019
Signed on : 19.09.2019
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NM 507-18 in LC. Suit no. 2734-1995
6 Date : 18.09.2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
20/09/2019 at 11.50 a.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
18/09/2019
JUDGMENT/ORDER signed by P.O.
on
20/09/2019
JUDGMENT/ORDER uploaded on 20/09/2019
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