Interim Order 1

Order Details: Other
Pdf Text: :1: Adinterim order in S.C. Suit No. 483/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
S.C. SUIT NO. 483 OF 2018
Mehjabeen Iqbal Baig ]
(nee) Mehjabeen Janmohammed Memon, ]
(nee) Mehjabeen Janmohammed Ghadiwala ] ...Plaintiff.
Vs.
Ayub Murtaza Khan Miyan Khan Surti & 3 others ] ...Defendants.
Appearance :
Advocate Mr. Memon for the Plaintiff.
Advocate Mr. Kazi for the Defendant No.1.
Advocate Mrs. Prabhu for MHADA/Defendant Nos. 2, 3 and 4.
CORAM : HIS HONOUR JUDGE
SHRI NANDKISHOR L. MORE
(Court Room No.12)
DATED : 9th MARCH, 2018.
AD I N T E R I M O R D E R
Plaintiff has claimed she is the tenant and was in
possession of the suit premises. Defendant No.1 has also claimed that
he was in possession of the suit premises. Now suit premises is
undertaken for repairs by M.B.R.& R. Board (Defendant No.2). Plaintiff
shown apprehension that defendant No.1 is bent upon to take forcible
possession of suit premises after completion of repairs without
concurrent of the plaintiff.
2. Defendant No.1 is the nephew of the plaintiff. It is
submitted that, defendant No.1 was residing on the mezzanine floor of
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:2: Adinterim order in S.C. Suit No. 483/2018
suit premises and plaintiff was residing in the suit premises below the
mezzanine floor of suit premises. As such, plaintiff and defendant No.1
were in joint possession of suit premises before it was taken for repairs
by M.B.R. & R Board. Considering the nature of the suit and
relationship between the plaintiff and defendant No.1. Indisputably, at
present the suit premises is in the possession of MHADA for repairs and
after completion of repairs, MHADA is supposed to handover possession
of the suit premises to the original occupant with concurrent of
landlord. Hence, I find no prima faice case made out by plaintiff to
grant adinterim relief. Hence, the order:
O R D E R
Ad – interim is refused.
Date : 09.03.2018 [N.L. MORE]
Judge, City Civil Court,
(C.R. No.12), Gr. Mumbai.
Dictated on : 09.03.2018
Typed on : 09.03.2018
Signed by HHJ on : 13.03.2018
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:3: Adinterim order in S.C. Suit No. 483/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.03.2018, 02:43 p.m. SUBHASH S. POUL
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room no.)
SHRI NANDKISHOR L. MORE
(Court Room No.12)
Date of Pronouncement of
JUDGEMENT/ORDER
09.03.2018
JUDGEMENT/ORDER signed by
P.O. on
13.03.2018
JUDGEMENT/ORDER uploaded on 15.03.2018
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