Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
NM no. 993-19 in S.C.SUIT no.202-17
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 993 OF 2019
(CNR no. MHCC01-002600-2019)
IN
SHORT CAUSE SUIT NO. 202 OF 2017
(CNR no. MHCC01-000100-2017)
Mr. Imran Anwar Chhapra
Age about 38 years, Occ : Business Consultant
Residing at 49 Mohammed Ali Road, Madha
Mansion 6th floor, Flat No.18, Next to Minara
Masid, Mumbai-400003.
And having permanent address at 107Kambekar
Street, 3rd Floor, Room No.27/27A, Dadani
House, Masjid (W), Mumbai-400003.
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Plaintiff
Versus
Mr. Haroon Rashid Safdar Ali
Residing at 138-351 Abdul Rehman Street, Baria
Mansion, 3rd Floor, Room No.63A & 64, Opp.
Crawford Market, Mumbai-400003.
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Defendant
Appearances:-
Ld. Advocate Mr. A. K. Singh for the Plaintiff.
None for Defendant.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 6th February, 2020.
O R A L O R D E R
1. In this suit for specific performance of the contract, the
plaintiff has prayed for temporary injunction restraining the
defendant from creating third party interest in the suit property and/
or collecting rent from the tenants of the suit property till final
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NM no. 993-19 in S.C.SUIT no.202-17
disposal of the suit and he has also prayed for appointment of Court
Receiver. The defendant, though served, has not filed reply to this
Notice of Motion. Therefore, Notice of Motion is heard and decided
without reply of the defendant.
2. After going through the plaint and documents annexed
thereto, the plaintiff has filed the instant suit for specific
performance of the contract in respect of an immovable property
without any registered Agreement for Sale. In the plaint, it is
averred that he paid total consideration of Rs.70,00,000/- (Rupees
Seventy Lakhs only) to the defendant as purchase price of the suit
property. It is difficult to believe that the plaintiff entered into
contract of an immovable property without any registered Agreement
for Sale and paid huge amount of Rs. 70 lakh without any
document. In absence of registered Agreement for Sale the plaintiff’s
claim cannot be granted in view of section 49 read with section 17
of Indian Registration Act, 1908. Hence, Order:
ORDER
1. Notice of Motion No. 993 of 2019 is dismissed.
2. Costs in cause.
sd/-
(C. V. Marathe)
Judge,
Date : 06.02.2020. City Civil Court, Gr. Mumbai.
Dictated on : 06.02.2020.
Transcribed on : 06.02.2020.
Signed by HHJ on : 11.02.2020.
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NM no. 993-19 in S.C.SUIT no.202-17
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 11.02.2020 at 4.18 p.m.
NAME OF STENOGRAPHER : Mrs. G. P. Acharekar
Name of the Judge (With
Court Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
06/02/2020
JUDGMENT/ORDER signed by
P.O. on
11/02/2020
JUDGMENT/ORDER uploaded
on
11/02/2020
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