Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1084/18(Suit 628/18)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.1084/2018
IN
S. C. SUIT NO.628/2018
Mr. Pralad Waman Yadav ..Plaintiff
V/s.
1. Kamal Popat yadav
2. Deepak Popat Yadav.
3. Pravin @ (Pintya) Popat Yadav.
4. Rani Popat Yadav. .. Defendants
Appearances :
Adv. Santosh Kori for plaintiff.
Adv. Avinash Patil for defendants.
Coram : His Honour Judge
Shri. A.H.Laddhad
CR No.:03.
Date : 17.2.2022.
ORDER
1. Plaintiff filed instant notice of motion seeking following
reliefs :
(a) pending the hearing and final disposal of the suit, that this
Hon'ble Court by an temporary order and injunction
restraining the defendant nos. 1 to 4 and their agent, servant,
representative, and/or any other persons claiming through or
under him from dispossessing and/or disturbing and/ or
interfering in peaceful joint use, occupation, possession and
enjoyment of the plaintiff and/or ingress and egress of the
plaintiff in respect of the suit premises viz. a Room premises
admeasuring about 400 sq. ft. ground plus first floor,
approximately situated at Room No. 74, Chawl no.8,
Ramabai Ambedkar Nagar, Ghatkopar(E), Mumbai 75,
which is made of B.M. Wall and A.C. Sheet roof, in any
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manner whatsoever other than by following due process of
law.
(b) pending the hearing and final disposal of the suit, that this
Hon'ble Court by an temporary order and injunction
restraining the defendant nos. 1 to 4 and their agent, servant,
representative, and/or any other persons claiming through or
under him from from selling , disposing off, alienating,
transferring and/or creating third party right, title interest
and claim in respect of the suit premises viz. a room premises
admeasuring about 400 sq. ft. ground plus first floor,
approximately situated at Room No.74, Chawl no.8,
Ramabai Ambedkar Nagar, Ghatkopar(E), Mumbai 75,
which is made of B.M. Wall and A.C. Sheet roof, in any
manner.
(c) Interim and adinterim relief in terms of prayer clause(a) and
(b) as above.
(d) Cost of this notice of motion be provided for to the plaintiff.
(e) Such other and further relief as the nature and circumstance
of the case may require.
2. The motion is opposed by the defendants by filing their
W.S.
3. Heard both the sides. Ld Advocate for the defendants made
submission that, the defendants are residing in the suit premises and
they have no intention to transfer or create third party interest in the
suit premises, till pendency of the present suit. The plaintiff is ready to
'not press' prayer clause(a) of the Motion. Therefore, in view of
aforesaid submissions made by the defendants, the Motion can be partly
allowed and disposed of. Thus, I proceed to pass following order :
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ORDER
1. Notice of Motion No. 1084/2018 is partly allowed in terms of
prayer clause (b) only.
2. Parties to bear their costs.
3. Notice of Motion is disposed of accordingly.
(A.H.Laddhad)
Judge,
Dated : 17.2.2022 City Civil and Sessions Court,
Dictated on : 17.2.2022 Greater Bombay (CR 03)
Typed on : 17.2.2022
Signed on : 18.2.2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
18.2.2022 at 3.55 pm (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 17.2.2022
JUDGMENT/ORDER signed by P.O. on 18.2.2022
JUDGMENT/ORDER uploaded on 18.2.2022
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