Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M. No.1427/19 (SC No.1132/17)
MHCC010037172019
Presented on : 02/04/2019
Registered on : 02/04/2019
Decided on : 28/03/2024
Duration : 4 Y 11 M 27 D
IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI
NOTICE OF MOTION NO.1427 OF 2019
IN
SHORT CAUSE SUIT No.1132 OF 2017
Shri. Dattaram Sawlaram Pawar ... Plaintiff
- Versus -
Mr. Dilip Sawlaram Pawar & Anr. … Defendants
CORAM : HIS HONOUR JUDGE
SHRI. R. R. BHAGWAT
CITY CIVIL COURT, GR. BOMBAY
(C. R. NO.65)
DATE : 28/03/2024.
Appearance :-
Mr. Bhavesh Sawant, Advocate for the plaintiff.
Mr. Shubham Jadhav, Advocate for defendant No.1.
O R D E R
The plaintiff has filed Notice of motion for restraining defendant
no.2 from handing over possession of the suit property to defendant
no.1, appointment of the Court Receiver, restraining defendant no.2
from executing agreement in relation to permanent alternate
accommodation in favour of defendant no.1 and also for restraining
defendants no.1 and 2 from creating third party rights. Perused affidavit
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2 N/M. No.1427/19 (SC No.1132/17)
in support, affidavit in reply filed by defendant no.1 and the suit
proceeding. Heard Ld. Counsel Bhavesh Sawant for the plaintiff and Ld.
Counsel Shubham Jadhav for defendant no.1.
2. Original plaintiff died and his legal heirs are brought on
record by way of amendment in the plaint. Now, legal heirs of the
original plaintiff filed present notice of motion. Similar contentions
were raised in notice of motion no. 1817/2017 filed by original plaintiff
and it is partly allowed as per order passed today. The plaintiffs have
made additional prayers in the present notice of motion and therefore,
it is being dealt with separately. Defendant no.1 has pleaded in para
no.4 of affidavit in reply that possession of the new flat is already
handed over to him and he was occupant of old suit premises. It was
handed over by him to the developer for redevelopment properties. The
old premises was only occupied by defendant no.1. He has given
reference of commercial suit No.328/2019 filed before Hon’ble High
Court in which consent terms were filed. It is the case of defendant no.1
that he is in physical possession and occupation of the premises which
was handed over to him as per order of Hon’ble High Court dated
14.02.2021. He prayed for dismissal of notice of motion.
3. Considering additional facts came on record in the reply of
defendant no.1, there is no scope to dispossess defendant no.1 from the
new premises/flat. Even otherwise, this court had specifically denied
relief in terms of prayer clause (a) in notice of motion no.1817/2017.
For this reasons, present notice of motion can be allow in terms of
prayer clauses (c) and (d) restraining defendant no.2 from executing
agreement for permanent alternate accommodation in favour of
defendant no.1 and also for restraining defendant no.1 and 2 from
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3 N/M. No.1427/19 (SC No.1132/17)
creating third party rights in the suit premises. Hence, I pass following
order -
O R D E R
1. Notice of motion no. 1427/2019 in suit no.1132/17 is made
absolute in terms of prayer clauses ( c) and (d).
2. Proceeding of notice of motion no. 1427/2019 in suit
no.1132/2017 is closed.
Date : 28/03/2024. ( R. R. Bhagwat )
Judge City Civil Court,
Gr. Bombay.
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4 N/M. No.1427/19 (SC No.1132/17)
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
30.03.2024 at 05.00 pm. ( Samruddhi Jadhav)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R.R. Bhagwat (C.R.No.65)
Date of Pronouncement of
JUDGMENT/ORDER
28/03/2024
JUDGMENT/ORDER signed by
P.O.on
30/03/2024
JUDGMENT/ORDER uploaded on 30/03/2024
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