Order 1

Order Details: Notice of Motion
Pdf Text: NM No.1024/2018 ..1.. Suit No.2459/2017
CNR No. MHCC01-003360-2018
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 1024 OF 2018
IN
SUIT NO.2459 OF 2017
Mishrilal Bhurilalji Jain. .. Plaintiff
Versus
Lalmiya Nawab Khan and one. .. Defendants.
Advocates
Bal R. Patil for the plaintiff.
Samir Bhandari for defendants.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 3rd March, 2020
ORAL ORDER
Present notice of motion is taken out on behalf of the plaintiff
for mesne profit, appointment of court receiver to take physical
possession of suit premises and injunction against defendants from
creating third party right in suit premises in terms of prayer clause
1 to 3.
2. Advocate for defendants filed written statement at Exh.3 and
filed pursis (Exh.4) to treat their written statement as reply to this
notice of motion.
3. Perused notice of motion, affidavit in support of it, written
statement of defendants and proceedings of the case. Heard advocate
for both parties.
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NM No.1024/2018 ..2.. Suit No.2459/2017
4. Advocate for defendants fairly submitted that defendants will
not create third party interest in suit premises till decision of the suit
but he strongly opposed prayer of the plaintiff for mesne profit and
appointment of Court receiver on the ground that these prayers are not
tenable at this stage.
5. Perused the plaint. Plaintiff is claiming mesne profit and
damages from defendants as well as possession of suit premises.
Defendants are in possession of suit premises i.e., shop no. 208-1/2
situated at Nari Seva Sadan Road, Narayan Nagar, Ghatkopar West,
Mumbai. As suit is pending, relief of mesne profit and appointment of
court receiver to take physical possession of suit premises cannot be
granted at this interim stage.
6. Though plaintiff taken out this notice of motion for mesne
profit, appointment of court receiver to take physical possession of suit
premises and injunction against defendants from creating third party
right in suit premises but in affidavit in support of notice of motion,
plaintiff claimed only injunction against defendants from creating third
party interest in suit premises. Under the facts, circumstances and fair
submission of advocate for defendants, prayer clause 3 in the notice of
motion can be made absolute. In the result, following order.
ORDER
1. Notice of Motion No.1024 of 2018 is partly allowed and made
absolute in terms of prayer clause 3 only.
2. Accordingly, notice of motion is disposed of.
(Sunil T. Soor)
Judge
Date : 03.03.2020 Gr. Mumbai.
Typed on : 03.03.2020
HHJ signed on : 03.03.2020
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NM No.1024/2018 ..3.. Suit No.2459/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
03.03.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
03.03.2020
JUDGMENT/ORDER signed by P.O.
on
03.03.2020
JUDGMENT/ORDER uploaded on 03.03.2020
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