Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1021-18 in Suit No. 1272-13
CNR NO.MHCC01-003350-18
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1021 OF 2018
IN
L.C. SUIT NO. 1272 OF 2013
Kashinath Dashrat Hede …...Applicant
In the matter between
Kashinath Dashrat Hede …..Plaintiff
Versus
The Municipal Corporation for Gr. Mumbai & Ors ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 27th February, 2020.
Appearance:
Ld. Adv. Mr. M.M. Merchant for plaintiff.
Ld. Adv. Mr. Suryavanshi for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks temporary and
mandatory injunction and for appointment of Court Receiver and
further seeks injunction restraining the defendants corporation from
disposing off encumbering, alienating, creating any third party.
2. Heard Learned Advocate for the plaintiff and learned Advocate
for the defendants corporation.
3. Admittedly, the suit is under Section 6 of the Specific Relief Act.
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2 NM 1021-18 in Suit No. 1272-13
It is for restoration/possession on the ground that the plaintiff is
dispossessed without following due process of law. It is the case of the
plaintiff that he has been forcibly dispossessed by the defendants. No
ground for appointment of Court Receiver is made out in the notice of
motion. It was for the plaintiff to point out that circumstances calling
upon the Court for appointment of Court Receiver. So also there are no
pleadings to show that the defendants had tried to disposing and create
any third party interest.
The notice of motion is to be moved with mere apprehensions.
No grounds are made out for the prayers in the notice of motion.
The plaintiff has failed to make out the prima-facie case in his
favour. The balance of convenience does not lies in favour of the
plaintiff. The plaintiff would not be put to irreparable loss, if the
injunction is refused. In the result, following order is passed.
ORDER
The Notice of Motion No. 1021/2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 27.02.2020 City Civil Court, Mumbai.
Dictated on : 27.02.2020
Transcribed on : 28.02.2020
Signed by HHJ on : 14.03.2020
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3 NM 1021-18 in Suit No. 1272-13
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.0.3.2020 at 10.33 am.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
25.02.2020
JUDGMENT/ORDER signed by
P.O. on
14.03.2020
JUDGMENT/ORDER uploaded on 17.0.3.2020
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