Final Order 1

Order Details: Notice of Motion
Pdf Text: Contempt N/M 570/18 in N/M 643/17 1 Suit 463/17
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CONTEMPT NOTICE OF MOTION NO.570 OF 2018
IN
NOTICE OF MOTION NO.643 of 2017
IN
SUIT NO.463 OF 2017
Mr. Mohammed Yusuf Mohammed Akbar Shaikh
..Plaintiff
V/s.
Mrs. Farida Sultana W/o. Mohammed Siddique Shaikh & anr.
..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 04th September, 2018
(C.R.No.19)
Advocate Mr. Eknath Dhokale for the plaintiff.
Advocate P. R. Kadam for defendants.
ORAL ORDER
1. In a suit for possession under section 6 of the Specific Relief
Act, the plaintiff filed this Contempt motion.
2. Heard learned counsel for both the parties. Perused the
affidavit of the plaintiff in support of the Contempt motion and the
affidavit in reply by the defendants. It is the case of the plaintiff that
the defendant no.2 made a statement before the court that he will not
create third party interest till filing of the reply. The plaintiff states that
he has learnt and seen that defendants have placed a third party in the
possession of the suit premises despite the order of this court dated 23rd
February, 2017. The plaintiff filed on record some photographs
showing the board in the name and style 'New Stylo Tyre Services'. The
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Contempt N/M 570/18 in N/M 643/17 2 Suit 463/17
plaintiff requested to take action for contempt as per law.
3. The defendants in their affidavit in reply state that they
have not violated the order passed by this court. The defendants state
that 'New Stylo Tyres Service' is defendant no.2's own firm and he was
doing business of tailoring in the name and style 'New Stylo Tailors' and
thereafter defendant no.2 changed it to 'New Stylo Cycle Mart' in the
year 1996. The defendants filed the Shops and Establishment License
on record to show that the said concern is in the name 'New Stylo Cycle
Mart & Tyre Work' in the name of Mr. Mohd. Siddik Shaikh Mohiddin.
4. I have considered the submissions on behalf of both the
parties. At the outset, it appears that only on the basis of a board in the
name and style 'New Stylo Tyre Services', the plaintiff filed this motion
without any further inquiry. On perusal of the Shops and Establishment
License, which is filed on record by the defendants, it appears that the
concern 'New Stylo Cycle Mart & Tyre Work' is in the name of Mr.
Mohd. Siddique Shaikh Mohiddin, defendant no.2 herein. I do not find
any merit in this motion and hence deserves to be rejected. I pass the
following order :
ORDER
Contempt Notice of Motion no.570/2018 stands rejected.
04/09/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 04/09/2018
Transcribed on : 04/09/2018
Signed by HHPJ on : 04/09/2018
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Contempt N/M 570/18 in N/M 643/17 3 Suit 463/17
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 04th September, 2018 (At 05.32 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 04th September, 2018
Order signed by P.O. on 04th September, 2018
Order uploaded on 04th September, 2018
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