Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no. 714-18 in S.C.SUIT no.406-18
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 714 OF 2018
(CNR no. MHCC010026372018)
IN
SHORT CAUSE SUIT NO. 406 OF 2018
(CNR no. MHCC010021062018)
M/s. Vision Spaces ]
Palal Exports, 302, 3rd Floor, Palal complex, ]
Plot NO. 359, Bhandarkar Road, ]
Matunga (East), Mumbai 400019. ]....Plaintiff
V/s
Mr. Shirish Girish Dikshit ]
770, Vimal Smruti, Dr. Ghanti Road, ]
Dadar, Mumbai 400014. ]....Defendant
Appearances:
Ld. Advocate Mr. Giriraj for the Plaintiff.
Ld. Advocate Mr. Khatri for the defendant.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 13th January, 2019
O R A L O R D E R
1. This is an application by Notice of Motion under O.XXXIX R.1 of
The Code of Civil Procedure, 1908.
By instant Notice of Motion the plaintiff has prayed for temporary
injunction restraining the defendant from creating third party rights in
the suit premises till final disposal of the suit. Ld. Advocate for the
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2 NM no. 714-18 in S.C.SUIT no.406-18
plaintiff has submitted that the defendant has transferred and assigned
the suit premises to the plaintiff vide registered Deed of Assignment
dated 31.10.2015 and thereafter, the former has no right to create third
party rights in the suit premises. The Ld. Advocate for the plaintiff has
also pointed out paragraph 45 of the Written Statement wherein the
defendant has categorically admitted that he cannot and will not create
any right, title or interest in respect of the rights acquired by him under
the Deeds of Assignment dated 20.06.2013 and 31.10.2015. Ld.
Advocate for the defendant has invited my attention to order of Hon'ble
Bombay High Court in Notice of Motion No.1526 of 2017 in Suit
No.1097 of 2015 dated 11.07.2018 wherein the parties are directed to
maintain status qua the Janki Niwas property (suit property herein) and
it is further directed that no representation shall be made by any party
before any authority stating that they are the owners of Janki Niwas
property. After going through the said order it transpires that the
present plaintiff and the defendant were found in collusion with each
other in the said proceeding to cheat the owners of the property as well
as the flat purchaser. It was also observed in the said order that the
defendant and plaintiff herein, being aware of the fact that there was
1/3rd share of Ms. Jogalekar in the said property, they executed an
agreement wherein the present plaintiff took over all the rights of Janki
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3 NM no. 714-18 in S.C.SUIT no.406-18
Niwas including the share of Ms. Jogalekar. In that factual matrix the
parties are directed to maintain status quo by Hon'ble Bombay High
Court. In this Notice of Motion, the plaintiff has only prayed for
temporary injunction restraining the defendant from creating their
party rights. The order in terms of such prayers will only have effect on
the rights of the present defendant to create third party rights in the suit
premises. The order will not in any way contravene order of Hon'ble
Bombay High Court in the above proceeding. Moreover, it will prevent
any future attempt by the defendant to create third party rights in
defiance of order of Hon'ble Bombay High Court. For all the above
discussion, the Notice of Motion is liable to be granted. Hence, the
following order is passed:
ORDER
1. Notice of Motion No.714 of 2018 is allowed and made absolute in
terms of prayer clause (a) till final disposal of the suit.
2. Costs in cause.
(C. V. Marathe)
Judge,
Date : 13.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 13.01.2020
Transcribed on : 13.01.2020
Signed by HHJ on : 14.01.2020
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4 NM no. 714-18 in S.C.SUIT no.406-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.01.2020 at 5.25 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri 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
13/01/2020
JUDGMENT/ORDER signed by
P.O. on
14/01/2020
JUDGMENT/ORDER uploaded
on
14/01/2020
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