Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1
Presented on : 28.05.2020.
Registered on : 07.10.2020.
Decided on : 04.10.2025.
Duration : 05 04 07
Years Months Days
Exh.25
IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY
SUIT NO.1131 OF 2020
(CNR NO.MHCC01-003414-2020)
1 Vishal Shiri,
Age: 40 years, Occupation : Service, residing at
B/704, Blue Ocean No. 2, Blue Empire Complex,
Off Link Road, Mahavir Nagar, Kandivali (West),
Mumbai – 400 067.
2 Allwin Karkada,
Age: 34 years, Occupation : Business, Flat no.
503, Premier Empire, off Military Road, Andheri
(East), Mumbai – 400 072.
3 Pastor Vasu Paul Dasar,
United Basel Mission, Sushanti Church, Station
Road, Byculla (West), Mumbai-400 011. …. Plaintiffs
Versus
1 Sydney Kairanna,
An adult, Indian Inhabitant, having address at
301, Bullet Building, L.N. Road, Hindu Colony,
Opp King George High School, Dadar (East),
Mumbai – 400 014.
2 Stanley E. Palanna,
Room No.41, Abhyudaya Nagar, Kala Chowkie,
Mumbai – 400 033.
3 Winston Soans,
Room No.5, 248, 3rd Floor, Ambedkar Nagar
CHSL, Worli, Mumbai – 400 018.
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4 Stepehen Kairanna,
An adult, Indian Inhabitant, having address at
301, Bullet Building, L. N. Road, Hindu Colony,
Opp King George High School, Dadar (East),
Mumbai – 400 014.
5 Reynold Karkada,
Room No. 26, 1st Floor, Italian Building, 381,
Sane Guruji Marg, Agripada, Byculla, Mumbai –
400 011.
6 Gilford Chikkodi,
Adult, A/3, Madhuban Apartments, Hill Estate,
Worli, Mumbai – 400 050. …. Defendants
CORAM : HIS HONOUR JUDGE R.R. PATARE
C.R.NO..
: 01.
DATE : 04.10.2025.
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Adv. Mr.Jernold Xavier for plaintiffs.
None for defendants.
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JUDGMENT
(DICTATED IN OPEN COURT)
1. This suit is filed by the plaintiffs for decree of injunction
restraining the defendants/their servants or any person or persons
claiming through or under them from preventing plaintiff no.3 and
his family members free ingress and egress into and upon the
property viz. Plot no.74/A, C.S.No.28/1840, Byculla, "E" ward,
Mumbai 400 011.(hereinafter referred to as 'suit property')
dispossessing plaintiff no.3 and his family members from the suit
property and restraining defendant nos.1 to 6, their servants, agents,
security personnel from causing any nuisance.
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2. Brief facts of plaintiff's case are as under :-
Plaintiff nos.1 and 2 are the President and Associate Secretary
of the Executive Body of the Governing Council of "United Basel
Mission Church (UBMC)"which administers the functions and affairs
of United Basel Evangelical Mission Church UBEMC), since inception
of trust. Plaintiff no.3 was appointed as a Pastor of UBMC as well as
to manage the Sushanti Primary school and he resides in the
parsonage (residence provided to the Pastor by the UBMC). The
plaintiff no.3 has been carrying out the activities as the Pastor. The
plaintiff submits that since 14/05/2020, the security guards of
defendant nos.1 to 6 have prevented plaintiff no.3 and his family
members from going out of the said property by locking the gates and
not opening the same. The defendants did not pay heed and did not
care about the personal liberty of plaintiff no.3 and his family
members. Threats have been given by defendant nos.1 to 6 and their
servants, agents, security guards that if plaintiff no.3 and his family
members do not vacate themselves from the property, then they shall
be dispossessed immediately. Defendant nos.1 to 6, their servants,
agents, security guards did not leave any stone unturned to make the
life of plaintiff no.3 and his family members very difficult and
personally threatening the children of plaintiff no.3 with dire
consequences. Their threatening has caused apprehension in the
mind of plaintiff no.3 and therefore the plaintiffs have filed this suit.
3. The suit against defendants proceeded uncontested vide order
dated 11.11.2022.
4. From the pleadings and documents, following points are
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framed. I have recorded my findings to the points with reasons stated
below :-
Sr.
No.
POINTS FINDINGS
1 Whether plaintiff prove their lawful
possession in the suit property ? In the affirmative.
2 Whether plaintiff prove obstruction and
interference in their lawful possession as
alleged ? In the affirmative.
3 Whether plaintiffs are entitled for decree
of injunction as claimed ? In the affirmative.
4 What order and decree ? As per final order.
REASONS
POINT NOS.1 TO 3
5. According to plaintiffs, the plaintiff no.3 is residing in the suit
property since his appointment on 30.04.2016. On 16.05.2020,
plaintiff no.3 received a letter signed by defendant nos.1 and 2
stating that plaintiff no.3 and his family members have been roaming
around the parsonage and further requested that the lock down
norms be not violated and that plaintiff no.3 should not visit the
nearby areas. It is further alleged that defendant no.1 by letter dated
18.05.2020 addressed to UBEMC members including the plaintiffs,
wherein, open threats are given to dispossess plaintiff no.3. It is also
alleged that defendants want to remove plaintiff no.3 in order to
bring one Jereme Ayya in the place of plaintiff no.3. The
defendants/their servants/agents/security guards are harassing
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plaintiff no.3 and his family members in various ways and are
preventing the ingress and egress of the plaintiff no.3 and his family
members into and upon the suit property. From 14.05.2020 onward
the security guards of defendant nos.1 to 6 have prevented plaintiff
no.3 and his family members from going out of the suit property by
locking the gates and not opening the same. They did not pay heed
and did not care about the personal liberty of plaintiff no.3.
6. Plaintiff led oral evidence by way of evidence affidavit Exh.10
and reiterated all the facts in terms of statements made in the plaint.
The plaintiffs have filed documents to establish that plaintiff no.3 was
appointed as Pastor. In his capacity as Pastor, accommodation was
given to him.
7. The letter of appointment dated 30.04.2016 is brought on
record at Exh.E. The order dated 31.01.2020 in application no.2 of
2020 passed by Joint Charity Commissioner, Greater Mumbai Region
Mumbai is brought on record at Exh.G. From the documentary
evidence, it is not disputed that plaintiff no.3 is residing in parsonage.
The appointment order of plaintiff no.3 shows that he will be under
the governance and administration of the U.B.M.Church Council
Mumbai. From the documentary evidence on record, it is established
that plaintiff was permitted to occupy the suit property. The oral
evidence on record get support from the documentary evidence on
record. THe plaintiff has produced reliable and convincing evidence
to establish his lawful possession in the suit property. Defendants
cannot evict or interfere in the possession of plaintiff unless plaintiff
is evicted by following due process of law. The defendants are
interested to deny the right of plaintiffs. There is threat to the
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possession of plaintiff. The plaintiff has established his lawful
possession and therefore, entitled to get decree of injunction. In the
result, point nos.1 to 3 are answered in the affirmative and following
order is passed :-
ORDER
1. Suit is decreed with cost.
2. The defendants or their agents or any person
acting on their behalf are prevented from
dispossessing the plaintiff no.3 from parsonage
situated on plot no.74/A, C.S.No.28/1840,
Byculla(E) ward, Mumbai without following the
due process of law and also restrained from
preventing the plaintiff no.3 for his free ingress and
egress to the parsonage.
3. Decree be drawn up accordingly.
Date : 04.10.2025
Place : Mumbai.
(R.R. PATARE)
Judge,
City Civil & Sessions Court,
Greater Mumbai.
Dictated and typed on : 04.10.2025.
Signed on : 04.10.2025.
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER"
DATE : 04.10.2025, AT 03.45 P.M. MAHESH KESHAV SAKHARKAR
STENOGRAPHER GRADE-I
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court no.) : SHRI R.R. PATARE. C.R.NO.01.
Date of pronouncement of
judgment/order
: 04.10.2025.
Judgment/order signed by the P.O. on : 04.10.2025.
Judgment/order uploaded on : 04.10.2025, AT 03.45 P.M.
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