Final Order 2

Order Details: Copy of Judgment
Pdf Text: MHCC010041642018 Received on : 27/03/2018
Registered on : 09/04/2018
Decided on : 07/08/2026
Duration : 08Y, 04M, 11D
Exh.16
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
S.C. SUIT NO.1204 OF 2018
Mr. Abdul Khabbir Gazdhar
Adult, Indian Inhabitant, aged 52 years,
Having address at 89, Underia Street,
Khan Manzil, 4th floor, Room No.5,
Nagpada, Mumbai 400 008. ….Plaintiff
V/s
1. Mr. Abdul Moheed Gazdhar
Adult, Indian Inhabitant,
Having address at 89,
Underia Street,
Khan Manzil, 4th floor, Room No.5,
Nagpada, Mumbai 400 008.
2. Mrs. Shamima Abdul Moheed Gazdhar
Adult, Indian Inhabitant,
Having address at 89,
Underia Street,
Khan Manzil, 4th floor, Room No.5,
Nagpada, Mumbai 400 008. .… Defendants
Appearances :
Adv. Naziya Bhaldar for plaintiff.
Adv. Hardik Desai a/w Adv. Aamir Koradia a/w Adv. Misba Loladia for
defendants No.1 and 2.
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Judgment (2) S.C. Suit No. 1204/2018
CORAM : D. R. DESHPANDE
JUDGE,
(C.R.NO.02)
DATE : 7th August, 2026
JUDGMENT
1. This is suit for declaration, mandatory injunction, for restoration
of possession and compensation. Plaintiff has sought for relief on the
ground that, plaintiff is an exclusive lawful possessor of the suit
property as tenant, tenancy having been inherited from his father, and
that defendant is in unauthorized possession of the same. It is also
pleaded that, out of love and affection, defendant was allowed to reside
in the premises, however, after plaintiff desires to resume occupation,
defendant retained himself in wrongful possession. Hence, the suit.
2. By way of Notice of Motion No. 2319 of 2024, defendant has
prayed for rejection of plaint for bar of suit
vide Order VII, Rule 11(d)
of the Code of Civil Procedure, 1908.
3. In view of the preliminary objection raised, the following are the
points for determination alongwith my findings thereon for the reasons
ensuing:
Sr. No. Points Findings
1. Whether plaint is liable to be rejected for
the express bar of jurisdiction ?
Yes
2. What order ? Plaint is rejected
as per final order.
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Judgment (3) S.C. Suit No. 1204/2018
REASONS
4. Plaintiff, in his plaint Para 16, has pleaded that, as the younger
brother, he inducted defendant in possession of the suit property for 2
to 3 months only, however, thereafter, he was not ready to vacate the
suit premises. This averment, in itself is indicative of the fact that
defendant was inducted in possession of the suit premises as a
“gratuitous licensee” so that, plaintiff is seeking possession of the
premises from the
“licensee” on the ground of termination of license.
Section 41 of Maharashtra Presidency Small Causes Courts Act enlists
certain suits to be exclusively tried by the Court of Small Causes and to
the extent of the jurisdiction of those suits conferred with Small Causes
Court, the jurisdiction of Civil Court is ousted. The suits for eviction by
landlord against tenant, and licensor against licensee etc. are covered
therein and the word
“licensee” has been interpreted by the Hon’ble
Bombay High Court to include the “gratuitous licensee” at the
termination of license as ruled in the case of
Shri Subhan Ali V/s.
Shaikh Allauddin Allabux, First Appeal No.1039 of 1996, Thus, from the
very statement of plaint itself, bar of suit provided by the statute can be
said to have been applicable and attracted. The suit, therefore, can be
said to be barred by Section 41 of the Maharashtra Presidential Act,
1982 and for coming to this inference, nothing part from the plaint
needs to be looked into. This, therefore, is a fit case, in which, power of
rejection of plaint
vide Order VII, Rule 11(d) of the Code of Civil
Procedure, 1908 needs to be exercised (para). Accordingly, the findings
to preliminary objection is recorded. In the result, I pass the following
order :
ORDER
1. Plaint is hereby rejected
vide Order VII, Rule 11(d) of the Code of
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Judgment (4) S.C. Suit No. 1204/2018
Civil Procedure, 1908, with costs.
2. Notice of Motion No.2319 of 2024 is allowed.
(Judgment dictated and is pronounced in Open Court.)
(D.R. Deshpande)
Judge,
City Civil Court,
Date: 07.08.2026 Gr. Bombay.
Dictated on : 07.08.2026
Transcribed on : 07.08.2026
Checked &Signed on : 07.08.2026
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Judgment (5) S.C. Suit No. 1204/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
07.08.2026 At 5.25 P.M. J.S.CHAVAN
UPLOAD DATE AND TIME NAME OF THE STENOGRAPHER
Name of the Judge (With Court
Room Number)
HHJ D.R. DESHPANDE
JUDGE, CITY CIVIL COURT
(C.R.NO.02)
Date of pronouncement of
Judgment/ Order
07.08.2026
Judgment/Order signed by P.O.
on
07.08.2026
Judgment/Order uploaded on 07.08.2026
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