Order 1

Order Details: Other
Pdf Text: Ad-int. Order on Draft NM 1 Su. No. 871 - 2020
MHCC010022352020
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEF ON
DRAFT NOTICE OF MOTION
IN
L.C. SUIT N0.871 OF 2020
Ramalingam Narayan Padiachi ]... Plaintiff
Versus
1. Municipal Coporation of Greater
Mumbai and Ors. ]...Defendants
Appearances:-
Ld. Advocate Mr. B.P. Shukla for the Plaintiff.
Ld. APP Mrs.Khandagale for defendant No.1/MCGM.
Ld.Advocate Mr. Upadhyay for defendant No.3
CORAM : HIS HONOUR JUDGE
SHRI U.J.MORE
(Court Room no. 8)
DATED : 02th MARCH, 2020
O R A L O R D E R O N A D - I N T E R I M R E L I E F
1. Perused NM along-with Plaint and Documents filed by the
plaintiff. Perused the list of documents filed by the defendant No.3 at
Exhibit - 2
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Ad-int. Order on Draft NM 2 Su. No. 871 - 2020
2. Heard, Ld. Adv. Mr. B.P. Shukla for the plaintiff, Ld.Adv.
Khandagale for defendant No.1 and Ld.Adv.Mr. Upadhyay for defendant
No.3 at length.
3. Adv. Upadhyay for defendant No.3 it is contended by the
plaintiff with suit property is Shop No.4, Plot No.9, Road No.K, Shivaji
Nagar Road No.2, Govandi, Mumbai – 400 043 (Suit premises). The suit
premises was censused in the year 2000 in the name of Secretary of
Anna Public Library and census report issued on 20.07.2000 with
receipt No.0618529 in the name of plaintiff. Suit premises is existing in
year 1980 i.e. prior to detum line 2000 and it is tolerated premises in
slum area.
4. Plaintiff made application on 30.11.2011 with relevant
documents for issuing of photo pass. He challenging notice under
section 31 of Maharashra Slum Act dated 19.01.2018. Therefore, prayer
of ad-interim protection. It is stated that, the suit property is tranfer in
the name of defendant No.3. Plaintiff have no access in the suit
property.
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Ad-int. Order on Draft NM 3 Su. No. 871 - 2020
5. Adv.Mr.Shukla for the plaintiff submitted that, Assessment
bill and Electricity Bill is in the name of the plaintiff and one defendant
No.3 and contranctor has grab this suit premises.
6. Adv.Mr.Upadhyay submitted that injunction cannot be
granted without title. No prayer against the BMC.
7. The documents filed by the plaintiff which shows name as
Secretary of Anna Public Library, Plot No.9, K/4, Shivaji Nagar, Govandi,
Bombay 43. and every document is in the name and style as duscussed
above.
8. It no where discloses, plaintiff as a title holder in suit
property. The document at Page No.36, Exhibit-D filed by the plaintiff
application for Zopadpatti pass in the name and style as a
‘Adhyaksha
Anna Public Library’ no where the name of the plaintiff. Whereas the
suit is filed by the plaintiff in his
“individual capacity” not as a President
of ‘Anna Public Library’.
9. This application dated 30.11.2018 no where transpires 1)
Ward No. 2) Since when his resident of Zopadpatti, 3) Documentary
evidence, 4) Serial No. Of documents, and 5) Consent letter / rent
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Ad-int. Order on Draft NM 4 Su. No. 871 - 2020
agreement of these column are vacant. Whereas, documents filed by the
defendant No.3 transpires the photo pass No.MEM2000SN9K4 with
same address suit premises. The assessment receipt also supports in the
name of the defendant No.3 along-with Electricty bill at the suit
premises address. Shop Act license at suit premises address Adhar Card
at suit premises also bear suit address. Thus plaintiff has failed to made
out case for ad-interim relief. He is not entitled for any ad-interim relief.
Accordignly, I proceed to pass following order :
ORDER
Prayer of Ad-interim relief is rejected.
(U.J.More)
Judge,
Date : 02.03.2020 City Civil Court, Gr. Mumbai.
Dictated on : 02.03.2020
Transcribed on : 02.03.2020
Signed by HHJ on : 03.03.2020
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Ad-int. Order on Draft NM 5 Su. No. 871 - 2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 04.03.2020 at 10.30 a.m.
NAME OF STENOGRAPHER : Mr.G.R.Suryawanshi
Name of the Judge (With Court
Room no.)
HHJ Shri. U.J.More
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
02.03.2020
JUDGMENT/ORDER signed by
P.O. on
03.03.2020
JUDGMENT/ORDER uploaded
on
04.03.2020
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