Interim Order 1

Order Details: Notice of Motion
Pdf Text: :1:
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO.978 OF 2019
GOKAR GELA VAVIA ]....Plaintiff.
Versus
1. The Municipal Corporation of ]
Gr. Bombay. ]... Defendants.
CORAM : HIS HONOUR JUDGE
SHRI A.N. MARE
(C.R. No.11)
DATE : 11th April, 2019.
Mr.V.T. Dubey, Advocate for plaintiff.
Ms. Hajare, Advocate for MCGM/Defendant.
O R D E R
1. Perused. Heard.
2. Plaintiff had prayed for adinterim relief against defendant BMC
not to implement the Notice dated 5.4.2019 and Order dated 8.4.2019.
3. Perusal of the plaint reveals that, a Notice under Section 354A
was issued to the Notice structure on 5.4.2019 alleging ongoing work of
vertical extension to the ground floor structure. Exh.F annexed to the
plaint reveals that, the noticee has submitted reply to the defendant
Corporation on 8.4.2019. Order is passed by defendant on very day.
The order dated 8.4.2019 mentions that plaintiff did not file reply or
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the documents and so the order is passed. Thus what appears is that
without considering the reply dated 8.4.2019 the order is passed by the
defendant Corporation.
4. Advocate for defendant Corporation submitted that the suit
property belongs to a Trust however, the suit is not filed by the Trust.
5. The impugned Notice reveals that it was given to the owner /
occupier of the suit premises. The plaintiff claims to be the person in
occupation who carried out the repairs.
6. In such circumstances, it is necessary to grant adinterim relief.
Hence, I pass the following order:
ORDER
1. Adinterim relief is granted in terms of prayer clause 'a' till next
date.
2. Defendant Corporation is at liberty to consider the reply dated
08.4.2019 filed by the plaintiff and to pass appropriate order
thereon.
3. Leave is granted to register N/M.
4. Parties to act upon authenticated copy of roznama.
5. Plaintiff to communicate this order to the concerned.
Sd/
(A.N. MARE)
Judge,
11/04/2019 City Civil Court, Mumbai.
Dictated On : 11.04.2019
Transcribed on : 11.04.2019
HHJ Signed on : 11.04.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF
THE ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Stenographer
12.04.2019 11.40 a.m. V.U. Pawar (H.G.)
Name of the Judge (With Court
Room No.)
HHJ SHRI A.N. MARE
(CR 11)
Date of Pronouncement of
JUDGEMENT /ORDER
11.04.2019
JUDGEMENT /ORDER signed by
P.O. on
11.04.2019
JUDGEMENT /ORDER uploaded
on
12.04.2019
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