Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 70418 in SU 259617 : 1 : Date : 13.03.2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
NOTICE OF MOTION NO. 704 OF 2018
IN
S.C. SUIT NO. 2596 OF 2017
Ravindra Narayan Wagwankar ...Plaintiff
Versus
Kiran Pandurang Mengade ...Defendant
Adv. Mr. S.S. Redekar for Plaintiff present.
None present for Defendant.
CORAM : HER HONOUR JUDGE
DR (SMT.) SRISHTY NEELKANTH
(C.R. NO.02)
DATED : 13th MARCH, 2018.
ORDER
This Notice of Motion has been filed by the plaintiff to
restore the possession of the suit premises to him.
2. The learned advocate of Plaintiff submitted that, the Leave
and License Agreement between the plaintiff and defendant was valid
till 10.7.2018. As per order dated 23.11.2017, the plaintiff had been
paying the rent of the suit premises regularly to the defendant. The
defendant was directed not to disturb the possession of the plaintiff.
Inspite of the adinterim order operating in favour of the plaintiff, the
defendant had dispossessed the plaintiff from the suit premises. He also
relied upon the copy of Cheque dated 02.12.2017 issued by the plaintiff
in favour of the defendant. He also relied upon the copy of the
Complaint dated 17.01.2018, filed by the plaintiff in Dadar Police
Station, against the defendant. He thus prayed that, the Notice of
Motion be allowed and the possession of the suit premises be restored
to the plaintiff.
-- 1 of 3 --
NM 70418 in SU 259617 : 2 : Date : 13.03.2018
3. Though the Notice of Motion was served upon the
defendant, he failed to file reply.
4. Heard advocate of Plaintiff. Perused the roznama and
documents on record.
5. Admittedly, there was an order operating in favour of the
plaintiff where the defendant was directed not to disturb the possession
of the plaintiff on the condition that the plaintiff pays rent /
compensation of suit premises every month to the defendant. The
plaintiff has filed the copy of the Cheque dated 02.12.2017 issued by
him in favour of the defendant.
6. From the arguments advanced it appears that the rent was
paid by the plaintiff to the defendant and inspite of the interim order in
operation in favour of the plaintiff his possession was disturbed. Thus,
considering the fact that the contentions of the plaintiff have gone
unopposed, the notice of motion deserves to be allowed. Hence, the
following order is passed :
ORDER
1. Notice of Motion No. 704 of 2018 is allowed.
2. Defendant to restore the possession of the suit
premises to the plaintiff.
(Dr. Srishty Neelkanth)
Judge
City Civil Court,
Date : 13.03.2018. Gr. Bombay.
Dictated on : 13.03.2018.
Transcribed on : 14.03.2018.
Signed on : 15.03.2018.
-- 2 of 3 --
NM 70418 in SU 259617 : 3 : Date : 13.03.2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.03.2018 at 12.10 p.m. (Y.M. SAKHARKAR)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
DR(SMT) SRISHTY NEELKANTH
(C.R. No.02)
Date of Pronouncement of
JUDGMENT/ ORDER
13.03.2018
JUDGMENT/ORDER signed by P.O. on 15.03.2018
JUDGMENT/ORDER uploaded on 15.03.2018
-- 3 of 3 --