Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM...2018. : 1 : Suit.No.710/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION No.....2018.
IN
SUIT NO. 710 OF 2018.
Mr. Sayyed Safique Rafiq Ali... } .. Plaintiff.
Versus.
Municipal Corporation of Gr. Mumbai ... } .. Defendants.
Ld. Advocate Mr. B.P.Shukla for Plaintiff.
Ld. Advocate Ms. Tondwalkar for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 14 TH MARCH, 2018.
(I/C Court Room No.11)
O R D E R
1. Plaintiff has taken out this draft notice of motion to restrain the
defendant/Municipal Corporation, Mumbai from taking action on the
basis of notice dated 06/03/2018.
2. According to plaintiff, plaintiff is in use and occupation of
structure being a Shop, admeasuring 8' x 8', made of partly Wooden
Wall and partly Tin Sheet Wall and A.C. Sheet Roof, situate at Tagore
Nagar, Near Post Office, Hariyali Village, Vikhroli, Mumbai400 083
(hereinafter referred to as the "suit premises").
3. Earlier Mr. Sayyed Mujib Ali was occupier of the suit premises.
He was occupying the suit premises prior to 1980. Thereafter the said
Sayyed Mujib Ali relinquished all his right in favour of plaintiff's father
Mr. Haji Sayyed Rafiq Mohd. Ali by an affidavit dated 11th August,
1980. Plaintiff's father was carrying business in the suit premises. He
has taken electricity connection in the suit premises. the Addl.
Tahsildar, Kurla had issued a notice to the plaintiff's father on
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Draft NM...2018. : 2 : Suit.No.710/2018
12/03/2008 for the use of the land for the purpose of N.A.
Accordingly, plaintiff's father was paying N.A. taxes. Thereafter in the
year 2000, the Census carried out and photo pass issued in the name of
plaintiff. The receipt of Census is prior to the year 2000 i.e. datum line.
4. Plaintiff further avers that the defendant/Corporation issued
notice dated 06/03/2017 U/sec.314 of MMC Act and directed to
remove the suit premises within 24 hours. Plaintiff immediately gave
reply to the notice on 07/03/2018. However, defendant is bent upon
to remove the structure of the plaintiff. Defendant did not give an
opportunity of hearing to the plaintiff. Hence, prayed to grant interim
relief.
5. Notice is served to defendant.
6. I have heard both the sides.
7. Defendant did not file affidavit in reply and documents.
8. I have perused the document filed by plaintiff. It appears that
plaintiff is in possession of the suit premises. It appears that in the back
i.e. 2008, the Addl. Tahsildar directed the plaintiff to pay the amount of
use of land for N.A. purpose. Further, plaintiff has taken the electricity
connection in the suit premises. Plaintiff has paid the taxes. However,
it appears that the defendant/Corporation issued a notice to the
plaintiff dated 06/03/2018 and directed to remove the stall of plaintiff
within 24 hours. Thus, defendant did not give any opportunity to the
plaintiff to produce documents. Therefore, in such a circumstances, it is
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Draft NM...2018. : 3 : Suit.No.710/2018
necessary to direct the Corporation to consider the reply of the plaintiff
and thereafter proceed for any action under the MMC Act. Hence, the
following order :
O r d e r
1. Defendant/Corporation is directed to consider the
reply and the documents produced by the plaintiff
and thereafter proceed for taking action under the
MMC Act.
2. Plaintiff is directed to appear before the Designated
Officer within 2 weeks (Two weeks) from the date
of this order.
3. The defendant is directed not to take any
coercive action in respect of the suit premises
till passing of the order.
4. Draft Notice of Motion be registered.
Date : 14.03.2018 (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 14.03.2018
Typed on : 14.03.2018
Signed by HHJ. : 14.03.2018
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Draft NM...2018. : 4 : Suit.No.710/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
14.03.2018 /4.30 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
14.03.2018
JUDGEMENT/ORDER signed
by P.O. on
14.03.2018
JUDGEMENT/ORDER
uploaded on
14.03.2018 .
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