Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.1355-2020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.1355 OF 2020
IN
SUIT NO.8276 OF 1984
(HIGH COURT SUIT NO.2087 OF 1984)
CNR NO.MHCC01-004183-2020
Union of India … Plaintiff
Vs.
Faiyaz Ahmed Ajmatullah Shaikh & Ors. … Defendants
Appearances:
Ld. Adv Redij for the plaintiff.
Ld. Adv Pandey for the defendant No.1 (b).
Ld. Adv Kelakar for defendants No.3 (d) to 3 (g).
Ld. Adv Sharma for defendants No.3 (a) and 5.
CORAM : HIS HONOUR JUDGE
SHRI. R. S. PAVASKAR
(C.R.NO.12)
DATE : 11th MARCH 2021
ORAL ORDER
Defendants No.3(d) to 3(g) have taken out this notice of
motion under Rule 1(b) and (d) of Order XL of the Code of Civil
Procedure, 1908 for inspection of the suit property which is more
particularly described in the schedule of the property at Exh.A and the
plan at Exh.B to the plaint and removal of encroachment and illegal
structures on it.
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NM No.1355-2020
2. Heard the learned Advocates for the parties. Perused the
record.
3. Admittedly, the Hon’ble Bombay High Court by the order
dated 04.08.1986 in Notice of Motion No.1897 of 1984 had appointed
the Court Receiver, High Court, Bombay (defendant No.4) for the suit
property. As per the order dated 15.02.2005, the Court Receiver took
symbolic possession of the suit property on 11.04.2005.
4. From the affidavit in support of the notice of motion, the
reply and the Court Receiver’s report, it is clear that the Court Receiver
has removed around 219 huts on the suit property.
5. The learned Advocate for the plaintiff has supported the
notice of motion. From the reply filed by the plaintiff, it is clear that
despite the efforts taken by the Court Receiver for demolishing the
illegal structures on the suit property and the appointment of the
security guards, the encroachment on the suit property could not be
prevented, and therefore, the Court Receiver was required to take
frequent steps for demolishing the illegal structures on the suit property.
The plaintiff has requested to give further instructions to the Court
Receiver for removal of the existing unauthorized structures on the suit
property and to protect the suit property from further encroachment.
6. From the record, it appears that one Noor Khan alias Noor
Bhai has made encroachment on the suit property for storing sand,
bricks and other building materials. The photographs appended to the
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notice of motion
prima facie disclose the existence of illegal structures
on the suit property.
7. For the reasons stated in the foregoing paras, to my mind, it
is expedient in the interest of justice to direct the Court Receiver
(defendant No.4) to remove the encroachments from the suit property
and demolish the illegal structures on it. So, I hold that the notice of
motion deserves to be partly allowed in terms of prayer clause (b).
Accordingly, I proceed to pass the following order:
ORDER
1. Notice of Motion No.1355 of 2020 is partly allowed
in terms of prayer clause (b).
2. Defendants No.3(d) to 3(g) shall deposit in the
Court the amount of Rs.10,000/- towards
remuneration for the services of the Court Receiver.
3. Costs shall be costs in the cause.
4. Notice of Motion No.1355 of 2020 is accordingly
disposed of.
Sd/-
R. S. PAVASKAR
Judge,
Date : 11/03/2021 City Civil Court, Gr. Bombay
Dictated on : 11/03/2021
Transcribed on : 11/03/2021
HHJ signed on : 11/03/2021
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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NM No.1355-2020
12.03.2021 3.54 p.m. ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court
Room No.)
HHJ Shri. R.S. PAVASKAR (CR 12)
Date of Pronouncement of
JUDGEMENT /ORDER
11.03.2021
JUDGEMENT /ORDER signed by
P.O. on
11.03.2021
JUDGEMENT /ORDER uploaded
on
12.03.2021
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