Order 1

Order Details: Order below exhibit
Pdf Text: SUIT NO.1029/2020
ORDER BELOW EXH.2
IN
SUIT NO.1029 OF 2020
Mohammed Eshaq Ali Vadgama …. Plaintiff
Versus
The Mumbai Port Trust ….Defendant
ORDER
1) The application is filed by plaintiff to stay the order dt.
22.03.2021 to challenge it before Hon'ble High Court.
2) The defendant filed reply and objected on the ground
that prima facie it is held that the structures are unauthorized.
3) Heard advocate for both parties. Perused application and
say. There is no ad interim order granted to the plaintiff in the
notice of motion. Today the order is passed in notice of motion.
Notice of motion is rejected on the ground that plaintiff is not
“occupier” u/s 2 (17) of MRTP Act. The plaintiff has come into
possession of suit property after eviction decree of Small causes
Court. Therefore prima facie plaintiff is not entitled for any
injunction for unauthorized construction in the suit property
and question of stay of order will not arise. Hence pass
following order :
ORDER
1. Application is rejected.
2. Accordingly, application is disposed of.
( S.S.NAGUR )
Judge
Dt.: 22/03/2021 City Civil Court,
Gr. Mumbai
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SUIT NO.1029/2020
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
22.03.2021 & 5.55 pm : Mr. Mohit M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 20)
Date of pronouncement of Judgment/ : 22.03.2021
Order
Judgment/Order signed by the P.O. on : 22.03.2021
Judgment/Order uploaded on : 22.03.2021
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