Final Order 1

Order Details: Copy of Judgment
Pdf Text: 1 Judgment in S.C.Suit No. 2131/2018
Presented on : 10.04.2018
Decided on : 05.02.2020
Duration : Y-1 M-9 D-26
Exhibit : 14
CNR NO. : MHCC01-004721-2018
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI
SHORT CAUSE SUIT NO. 2131 OF 2018
Nizamuddin Moinudin Shaikh
Age : 57 years Occ : Service
Residing at Room No.78, Mithwala Chawl,
D. P. Bad, Dadar (E), Mumbai-400 014.
]
]
]... Plaintif
Versus
1. Mohd. Yasin Moinudin Shaikh
Age : 59 years, Occ : Not known
Residing at Room No.78, Mithwala Chawl,
D. P. Bad, Dadar (E), Mumbai-400 014.
]
]
]
2. Mohd. Sajid Moinudin Shaikh
Age : 47 years, Occ : Service
Residing at Room No.78, Mithwala Chawl,
D. P. Bad, Dadar (E), Mumbai-400 014.
]
]
]... Defendants
Appearances:-
Ld. Advocate Mr. S. M. Kazi for plaintif.
None for defendants.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 05th February, 2020
J U D G M E N T
1. This is a suit for permanent injunction.
-- 1 of 5 --
2 Judgment in S.C.Suit No. 2131/2018
2. The plaintiffs case in short is as under:
The Plaintif and Defendants no.1 and 2 are real brothers
inter se. They are residing in Room No.78, Mithwala Chawl, D. P.
Road, Dadar(E), Mumbai-400 014 (hereinafter “Suit Premises”).
After demise of father in 1996 they continued to reside in suit
premises with mother. As such the plaintif has also become a legal
tenant of the suit premises.
3. Despite of the above, the defendants started quarrels
with family members of the plaintif on undesirable and trife
matters. On 27.03.2018, the defendants picked up quarrel with the
plaintif and his family. The defendants are trying to delete the
name of the plaintif from the suit premises. Therefore, the plaintif
has prayed for permanent injunction restraining the defendant from
disturbing possession and occupation of the plaintif in the suit
premises without following due process of law.
4. Writ of Summons was served to both the defendants,
but they both have not appeared. Therefore, vide Order dated
13.03.2019 in the Roznama, the suit proceeded ex-parte against
them.
5. Considering plaint allegations following points arise for
determination. Findings on those points for the reasons mentioned
thereunder are as follows:-
Sr.
No. POINTS FINDINGS
1. Whether the plaintif proves his
occupation/possession in the suit
premises with the defendants?
In the afrmative
-- 2 of 5 --
3 Judgment in S.C.Suit No. 2131/2018
2. Whether the plaintif is entitled for
reliefs claimed?
In the afrmative
3. What order? Suit is decreed with
costs.
R E A S O N S
AS TO POINTS NO.1 & 2 :-
6. The plaintif is claiming his occupation and possession
in the suit premises along with the defendants. In other words, the
plaintif is claiming his joint possession with the defendants and not
denying the possession of the latters. In support of his claim, the
plaintif has fled his identity cards in the form of Passbook of
Saving Account with Bank of India, Dadar Branch (Exh.7), Passport
(Exh.8), Aadhar Card (Exh.9) and Election Identity Card (Exh.10). All
these documents display that the address of plaintif is that of the
suit premises and they establish that he is residing in the suit
premises. The evidence of the plaintif (Exh.5) is also in line with
the plaint allegations. As stated herein above the defendants have
not appeared to contest the suit. In that view of the matter, there is
no legal ground to reject the plaintiffs claim. Therefore, points no.1
and 2 are answered in the afrmative and following order:
ORDER
1. Suit No. 2131 of 2018 is decreed with costs.
2. The defendants, their agents, servants or any persons on
-- 3 of 5 --
4 Judgment in S.C.Suit No. 2131/2018
their behalf are permanently restrained from disturbing
possession of the plaintif over the suit premises without
following due process of law.
3. Decree be drawn up accordingly.
sd/-
(C. V. Marathe)
Judge,
Date : 05.02.2020 City Civil Court, Gr. Mumbai.
Dictated on : 05.02.2020
Transcribed on : 05.02.2020
Signed by HHJ on : 05.02.2020
-- 4 of 5 --
5 Judgment in S.C.Suit No. 2131/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 06.02.2020 at 5.26 p.m.
NAME OF STENOGRAPHER: Mrs. Gayatri P. Acharekar
Name of the Judge (With
Court Room no.)
HHJ Shri. C. V. Marathe
C.R. no.08
Date of Pronouncement of
JUDGMENT/ORDER
05/02/2019
JUDGMENT/ORDER signed
by P.O. on
05/02/2019
JUDGMENT/ORDER uploaded
on
06/02/2019
-- 5 of 5 --