Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 Nm 1545/18
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
Notice of Motion No. 1545 of 2018
In
SUIT NO. 8276 OF 1984
Union of India ...Plaintiff.
V/s.
1.(a) Faiyaz Ahmed Jamatullah
Shaikh alias Faiya Ahmed Shaikh & Ors. ...Defendants.
And
1. Noor Khan @ Noor Bhai & Ors. Respondents.
Appearances: Ld. Adv. Mr. Rajguru for the plaintiff.
Ld. Adv. Mr. Tamhane for defendant No.1(a)
Ld. Adv. Ms. Dhruti Chheda for defendant No.1(b)
Ld. Adv. Ms. Dipti for defendant No.3(a), 3(b), 5
and 6
Ld. Adv. Mr. Chamboowala defendant No.3(d) to
3 (g).
Coram : D.K. Gudadhe, Adhoc Judge.
(C.R.No. 12)
Dated: 4th October, 2018
Order
1. This Notice of Motion is taken out by defendant No. 1 to
direct respondent Nos. 2 and 3 to remove respondent No. 1 from the
suit property alongwith the building material he stored over it. The
plaintiff's case in short are as under.
2. According to the plaintiff, suit came to be filed in respect
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2 Nm 1545/18
of land bearing No. 166 being the part of the new survey No. 275 of
village Kanjur, and same has been more specifically described in the
plaint. The main prayer is in respect of removal of the respondents
from the suit property. However, respondent No. 3 came to be
appointed as a Court Receiver in respect of the said property in
another suit No. 1790/2018 by the Hon'ble High Court. Since, the
property is given to Court Receiver, he is duty bound to protect the
same, but he failed and therefore, this notice of motion.
3. The plaintiff vide its reply only supports defendants' case.
Other defendants did not file reply.
4. From the pleadings of defendant No. 1, it clearly seen that
the Court Receiver came to be appointed in another matter. It is also
seen that, he claimed interest in the suit property which is also subject
matter of the another suit. So, if defendants want to protect his
property, he can very well intervene into said suit and prayed for
issuance of direction which he has prayed in this matter. So, it clearly
seen that defendant No. 1 can very well avail remedy which is
efficacious. In view of this, I do not find any substance in this notice
of motion. Hence, rejected.
(D.K. Gudadhe)
Adhoc Judge,
04.10.2018 City Civil Court, Gr. Bombay.
Dictated on : 04.10.2018
Transcribed on : 08.10.2018
Signed on : 15.10.2018
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3 Nm 1545/18
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE & TIME : 15.10.2018 2.50 P.M.
NAME OF STENOGRAPHER : S.S.BATHE
Name of Judge (with Court Room No.) Shri D.K. Gudadhe
(C.R.No.12)
Date of Pronouncement of
JUDGMENT /ORDER
04.10.2018
JUDGMENT /ORDER signed by P.O. on 15.10.2018
JUDGMENT /ORDER uploaded on 15.10.2018
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