Final Order 1

Order Details: Chamber summons
Pdf Text: Ch/s No. 795/19 in Suit No. 218/13. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
CHAMBER SUMMONS NO. 795 OF 2019
(CNR NO. MHCC010039682019)
IN
L. C. SUIT NO. 218 OF 2013
(CNR NO. MHCC010150512012)
Mohammed Salim Mohd. Yusuf Qureshi ...Plaintiff
Versus
The Municipal Corporation Of Greater Mumbai ...Defendant
AND
Mohd. Saleh Mohd. Yusuf Qureshi ...Respondent/
Intervener
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 27th JANUARY, 2020.
Mr. I.R.Qureshi, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
Mr. Mohd. Saleh Mohd. Yusuf Qureshi, Applicant in person.
ORDER
This is a chamber summons taken out by applicant Mohd.
Saleh. He is party in person, he argued in person from 4.05 to 4.20
p.m.
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Ch/s No. 795/19 in Suit No. 218/13. 2 Order.
2. Applicant Mohd. Saleh submits that impugned notice
issued by MCGM at Page No. 28 alongwith suit dated 03/08/2012 is
issued in the name of 'Ashfaq Yusuf Qureshi', elder brother of applicant.
There are various tenants at suit premises and applicant is collecting
rent from them. In the year 2012, plaintiff has tortured the tenants and
completed illegal construction of 2nd and 3rd floor. Applicant intends
to demolish the structure, unauthorizedly constructed by the plaintiff in
2012 i.e. 2nd and 3rd floor. He contends that his father Mohd. Yusuf
Qureshi had in total 14 children, amongst them 4 sons and 4 daughters
are alive. It is requested to add him as a party defendant.
3. Ld. advocate Qureshi for plaintiff submits that applicant
Mohd. Saleh has a habit to pressurize the Court and grab the amount
from the plaintiff, despite he is real brother of plaintiff. It is added that
there is no substance in chamber summons.
REASONS
4. According to plaintiff, impugned notice dated 03/08/2012
issued under Section 354A of MMC Act is standing in the name of
Ashfaq Yusuf. Admittedly he is brother of applicant and plaintiff. It is
replied by applicant Mohd. Saleh that he is not claiming title nor any
declaration, on the contrary he appeared before the Court to demolish
2nd and 3rd floor, illegally constructed by the plaintiff.
5. Ld. advocate for the MCGM submits that appropriate order
may be passed.
6. The object of impugned notice dated 03/08/2012 is to
opine about legality of construction and to proceed for appropriate
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Ch/s No. 795/19 in Suit No. 218/13. 3 Order.
order in view of notice at Page No.28. It is to note that applicant Mohd.
Saleh is failed to produce affidavit of existing tenants, whether he is
collecting rent from them, if he is possessing the property, then why
notice is not issued in his favour etc.
7. According to applicant, it was the property of his father
Mohd. Yusuf Qureshi, he had 14 children. If applicant is claiming right
by way of inheritance, then other legal heirs are not joined in present
suit.
8. The question before this Court is very limited to the extent
of legality of the notice issued by MCGM dated 03/08/2012. Plaintiff
being dominus litus, is a master of the suit. He cannot be compel to
litigate against unwanted defendant. There is no necessity of
participation of applicant in present suit. Chamber Summons No.
795/2019 is devoid of merits. Hence the order :
ORDER
1. Chamber Summons No. 795/2019 stands dismissed.
2. Ch/s No. 795/19 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 27/01/2020. Mumbai.
1. Dictated on : 27/01/2020.
2. Transcribed on : 27/01/2020.
3. Signed on : 28/01/2020.
4. Delivered to Certified :
Copy Section on
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Ch/s No. 795/19 in Suit No. 218/13. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/01/2020. 2.56 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 27/01/2020.
Judgment/Order signed by P.O. on 28/01/2020.
Judgment/Order uploaded on 29/01/2020.
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