Order 1

Order Details: Notice of Motion
Pdf Text: N.M. No.1163/2018 in
S.C. Suit No.202/2018. 1 Order.
MHCC010037382018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1163 OF 2018
IN
S.C. SUIT NO. 202 OF 2018
Shri Ramakant Nivruti Bhikule ... Plaintiff
V/s.
1. Mr. Hanumant Nivruti Bhikule
2. Mrs. Madhavi Hanumat Bhikule
... Defendants
CORAM : HIS HONOUR JUDGE
SHRI N.G.SHUKLA
CITY CIVIL COURT, GR.BOMBAY
(C.R. NO.63).
DATE : 01-11-2023
Appearance:-
Ld. Advocate Shri. Suraj Kudalkar for the plaintiff.
Ld. Advocate Smt. Lalita Savekar for defendant Nos. 1 and 2.
ORDER
1. Plaintiff has taken out this notice of motion restraining
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N.M. No.1163/2018 in
S.C. Suit No.202/2018. 2 Order.
defendants from disturbing his possession of the suit premises.
Defendants filed written statement and submitted that the same be
treated as reply to notice of motion.
2. I have heard Ld. Advocate Shri. Suraj Kudalkar for the
plaintiff and Ld. Advocate Smt. Lalita Savekar for defendant Nos. 1 and
2.
3. It appears from the pleading in the plaint that, defendant
No.1 is real brother of plaintiff and defendant No.2 is wife of defendant
No.1. The suit premises i.e Room No. 3/53, Annaji Master Chawl,
Kakasaheb Gadgil Marg, Khedgully, Dadar(W), Mumbai is in possession
of plaintiff and he is seeking protection to his possession from
disturbing by the hands of defendants. Defendants are denying the
exclusive ownership of plaintiff alone over the suit premises and
therefore, they opposed to grant the temporary injunction in favour of
plaintiff.
4. Following points arises for my determination and my
findings thereon are stated as below:
SR.NO. ISSUES FINDINGS
1
Whether plaintiff prove prima facie
case in his favour?
In the affirmative.
2 Whether plaintiff proves balance of
convenience lies in his favour?
In the affirmative.
3 Whether irreparable loss will cause In the affirmative.
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N.M. No.1163/2018 in
S.C. Suit No.202/2018. 3 Order.
to plaintiff, if temporary injunction
is refused?
4 What order ? As per final order.
REASONS
As to Issue Nos. 1 to 4:
5. It appears from the pleadings in the plaint and written
statement that, defendants are no denying that the suit premises is in
possession of plaintiff. What they denied is exclusive ownership of the
plaintiff in the suit premises.
6. Ld. Advocate Smt. Savekar for defendants submitted that,
plaintiff is recovering rent from the suit premises and not paying
anything to defendants. When defendants have admitted exclusive
possession of the plaintiff over the suit premises, at this stage
defendants have no right to disturb the peaceful possession of the
plaintiff over the suit premises. Whether the plaintiff has exclusive
ownership or defendant No.1 is also having ownership over the suit
premises is a matter of trial. In view of admitting the possession of
plaintiff over the suit premises by defendants, plaintiff has established
the prima facie case as defendants are disputing ownership of plaintiff
and thereby plaintiff has proved disturbance to his possession. In view
of admitting possession of plaintiff by the defendants the balance of
convenience lies in favour of plaintiff. Even though defendants are
disturbing ownership of plaintiff over the suit premises, they have no
right to disturb possession of the plaintiff by taking law in their hand. If
temporary injunction is not granted, irreparable loss may cause to the
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N.M. No.1163/2018 in
S.C. Suit No.202/2018. 4 Order.
plaintiff. On the contrary, defendants are not in possession, hence, no
irreparable loss will cause to defendants. Hence, I answer issue Nos. 1
to 3 in affirmative. In the result, I pass following order:
- ORDER
1. Notice of Motion No.1163 of 2018 is allowed in terms of prayer
clause (a) and (b).
2. Defendants are hereby restrained from disturbing and/or
interfering use, occupation and possession of the plaintiff over the
suit premises till disposal of the suit.
3. Notice of Motion No. 1163 of 2018 is accordingly, disposed
off.
(N.G. Shukla)
Judge
City Civil Court,
Date :01-11-2023 Gr. Bombay.
1. Dictated on : 01-11-2023
2. Transcribed on : 01-11-2023
3. Checked and Signed on : 02-11-2023
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N.M. No.1163/2018 in
S.C. Suit No.202/2018. 5 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
02-11-2023 5.00 p.m. Miss K.M.Rana .
Name of the Judge (with Court Room no.) HHJ Shri N.G. Shukla
(Court Room No.63).
Date of Pronouncement of Judgment/Order 01-11-2023
Judgment/Order signed by P.O. on 02-11-2023
Judgment/Order uploaded on 02-11-2023
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