Final Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 1068/2020 (Old N/m No. 642/19) in 1 Order.
S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18).
MHCC010030602020
Presented on : 11-03-2020
Registered on : 11-03-2020
Decided on : 25-01-2023
Duration : 2 years, 10 months, 14 days
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1068 OF 2020
(Old Notice Of Motion No. 642 OF 2019)
IN
S. C. SUIT NO. 414 OF 2020
(Old S. C. SUIT NO. 3787 OF 2018)
Sujata Raghuvir Bhawsar )...Plaintiff
Versus
Rajesh Shrikrishna Bhavsar and one )...Defendants
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
DATE : 25th JANUARY, 2023.
Smt. Seema Chopda, Advocate for the plaintiff.
Shri Vikas Rele, Advocate for defendant no.1.
Shri S.P.Patankar, Advocate for defendant no.2.
ORDER
1. The plaintiff had taken out the notice of motion for
directing defendant no.1 to file affidavit with details and status of other
movable properties left behind by the deceased parents as per para 6 of
the plaint and rent received by him from properties mentioned in Exh.C
-- 1 of 4 --
N/m No. 1068/2020 (Old N/m No. 642/19) in 2 Order.
S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18).
of the plaint. She also prayed for preliminary decree declaring 1/3rd
share of the plaintiff in the estate as enumerated in Exh.C of the plaint.
She also sought relief of temporary injunction in respect of immovable
and movable property and appointment of the Court Receiver. Perused
notice of motion, affidavits in reply filed by defendants no.1 and 2 and
rejoinder filed by the plaintiff to affidavit in reply of defendant no.1. I
have gone through the suit proceedings of the present suit and suit
bearing No. 4769/2007. Heard learned counsel Smt. Seema Chopda for
the plaintiff, learned counsel Shri Vikas Rele for defendant no.1 and
learned counsel Shri S.P.Patankar for defendant no.2.
2. On perusal of the record, it appears that the plaintiff has
pleaded about shares, bonds and fixed deposits without giving
particulars of value, receipt number etc. in para 6 of the plaint. Now,
the plaintiff wants defendant no.1 to disclose all these details by filing
affidavit. Defendant no.1 filed written statement (Exh.6) in which he
has specifically pleaded in para 7 that shares were in joint name of
defendant no.1 and his mother and now, the same stands in sole name
of defendant no.1. He has also specifically pleaded that the plaintiff had
taken away the shares during lifetime of the mother. In short, defendant
no.1 has come up with specific case in respect of movables pleaded in
para 6 of the plaint. So far as aspect of income earned from rent of
immovable properties is concerned, the plaintiff has not sought relief of
mesne profit as per Order XX Rule 12 of the CPC in the plaint. In such
circumstances, prayer for such direction to the defendant no.1 is not
warranted.
-- 2 of 4 --
N/m No. 1068/2020 (Old N/m No. 642/19) in 3 Order.
S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18).
3. In addition to it, the plaintiff and defendants no.1 and 2
have specifically pleaded their respective case in the plaint and written
statements. Defendant no.1 can't be forced to file affidavit on the say of
the plaintiff by presuming that he is hiding certain details intentionally.
The plaintiff has an opportunity to conduct crossexamination of
defendant no.1 on all these aspects. She can collect evidence and place
it on record. The plaintiff proceeded to seek relief of preliminary decree
at interim stage and it is not maintainable. Similarly, appointment of
the Court Receiver is also not justified. In order to avoid further
complications and to protect interest of both sides, relief of temporary
injunction can be granted in terms of prayer clause (d) only. Hence, I
pass the following order :
ORDER
1. Notice of Motion No. 1068/2020 (Old Notice of Motion No.
642/2019) is partly made absolute in terms of prayer
clause (d).
2. Proceeding of N/m No. 1068/2020 is closed.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Date : 25/01/2023. Mumbai.
1. Dictated online on : 25/01/2023.
2. Signed on : 25/01/2023.
3. Delivered to Certified :
Copy Section on
-- 3 of 4 --
N/m No. 1068/2020 (Old N/m No. 642/19) in 4 Order.
S.C.Suit No. 414/2020 (Old S.C.Suit No. 3787/18).
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
25/01/2023. 5.25 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 25/01/2023.
Judgment/Order signed by P.O. on 25/01/2023.
Judgment/Order uploaded on 25/01/2023.
-- 4 of 4 --