Full Order Text
Order 1 · 09 Mar 2021 · CNR MHCC010030222018
Order Details: Notice of Motion Pdf Text: Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande IN THE COURT OF BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.876 OF 2018 IN S.C.SUIT NO.1600 OF 2017 1. Khatijabi Malik Mohd. Parande & Ors. ... Plaintiffs Versus 1. Hameed Malik Mohammed Parande & Ors … Defendants CORAM : H.H.THE PRINCIPAL JUDGE S. B. AGRAWAL (C.R.No.19) DATED : 9th MARCH, 2021 Adv. Afroz Siddiqui a/w Adv.Farzana Sawant, for plaintiffs. Adv. G.V. Mhatre, for defendants. ORAL ORDER 1. Defendants have taken out this Notice of Motion seeking framing of preliminary issue U/s.9A of Civil Procedure Code on the ground that Court would not have jurisdiction to try and entertain the present suit since the premises in question is a rented premises and the matter is between landlord and tenant. 2. Perusal of the plaint, it reveals that the plaintiffs have claimed a share for suit property namely a Flat bearing No.402, 4th Floor, G-Wing, Baitul Amaan Co-Operative Housing Society, Imamwada Road, Mumbai-09. It is not disputed that said flat was granted as and by way of alternate accommodation, albeit against the tenanted premises. In that view of the Page 1 of 3 09/03/2021 -- 1 of 3 -- Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande matter, these premises have now become ownership premises since an agreement has been executed in that regard. Moreover, the dispute in the present proceedings is not in respect of landlord and tenant, but it is in respect of co-sharer as is borne out from the plaint. As such, the present Notice of Motion is wholly misconceived and hence I pass following order. O R D E R Notice of Motion No.876 of 2018 stands dismissed. Sd/- 09/03/2021 (S. B. AGRAWAL) Principal Judge, Gr.Bombay. Dictated on : 09/03/2021 Transcribed on : 09/03/2021 Signed by HHJ on : 09/03/2021 Page 2 of 3 09/03/2021 -- 2 of 3 -- Khatijabi Malik Mohd. Parande & Ors. Vs. Hameed Malik Mohammed Parande “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGEMENT/ORDER” UPLOAD DATE TIME NAME OF STENOGRAPHER 10/03/2021 12.30pm B.R.HATEKAR S.G. Name of the Judge HH PRINCIPAL JUDGE (CR No.19) Date of Pronouncement of Judgment/Order. 09/03/2021 Judgment/order signed by P.O on 09/03/2021 Judgment/order uploaded on 10/03/2021 Page 3 of 3 09/03/2021 -- 3 of 3 --