Final Order 1

Order Details: Notice of Motion
Pdf Text: ..1.. Stamp No.4661/2020
IN THE CITY CIVIL COURT FOR GREATER MUMBAI
DRAFT NOTICE OF MOTION NO. ………/2020
IN
STAMP NO.4661/2020
Mrs. Vimla Devi Kori.
Age: 46 years,
Residing at Room No.501, B Wing,
Jay Santoshi Mata Nagar, Behind
Dalda Company, Road No.29,
Sion (East), Mumbai 400022. .. Plaintiff.
Versus
Mr. Motilal Chunilal Kori.
Occupation- Service.
Add: Room No.501,
B Wing, Jay Santoshi Mata Nagar,
Behind Dalda Company,
Road N.29, Sion (East),
Mumbai 400 022. .. Defendant.
Advocates
Anil Kharatmol for plaintiff.
Defendant proceeded ex-parte.
CORAM : HIS HONOUR JUDGE
Sunil T. Soor.
(COURT No.: 2)
DATED : 29th September, 2020
ORAL ORDER
Plaintiff filed the suit for permanent injunction against
the defendant. Plaintiff also filed draft notice of motion claiming ad-
interim relief in terms of prayer clause (a) for restraining the defendant
from dispossessing the plaintiff from suit premises i.e., room no.501, B
Wing, Jay Santoshi Mata Nagar, behind Dalda Company, Road No.29,
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..2.. Stamp No.4661/2020
Sion East, Mumbai 400 022 and creating third party interest in suit
premises.
2. Perused the plaint, documents and draft notice of
motion. It appears that plaintiff is legally wedded wife of the defendant.
Their marriage took place in the year 1990. since then plaintiff and
defendant are residing together. They have four children.
3. Contention of plaintiff is that suit premises is allotted to
the defendant in the year 2006 under Slum Development Scheme.
Plaintiff and defendant are residing in suit premises. Defendant is trying
to sell suit premises since 1st week of March 2020 but due to Covid 19
pandemic lock down, he could not succeed. From 1st week of September
2020, defendant is bringing purchasers for sell of suit premises. Hence,
advocate for the plaintiff issued notice dated 17.09.2020 to Sion Police
Station. On 20.09.2020, defendant called purchasers at suit premises
and told the plaintiff to give NOC for sale of suit premises. Defendant
threatened to dispossess the plaintiff and her children from suit
premises within one or two days if plaintiff fails to give NOC. Plaintiff
went to police station but officer on duty refused to entertain the
complaint stating that it is a civil dispute and plaintiff should approach
the Civil Court for her grievances. Hence the plaintiff filed the suit and
notice of motion claiming interim relief in terms of prayer clause (a).
4. Defendant who is husband of the plaintiff received plaint
and copy of draft notice of motion on 24.09.2020 but remained absent.
Hence suit is proceeded ex-parte against the defendant. From the
perusal of pleading and documents on record, it appears that defendant
is trying to dispossess the plaintiff and create third party interest in the
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..3.. Stamp No.4661/2020
suit premises. Plaintiff being a legally wedded wife of the defendant,
she is entitled to protect the suit premises. Thus prima facie case is
made out in favour of the plaintiff. Balance of convenience and
irreparable loss would be caused to the plaintiff if the defendant is not
restrained from dispossessing the plaintiff and creating third party
interest in the suit premises. Under the circumstances, following order
passed :-
ORDER
1. Notice of motion is allowed and made absolute in terms of
prayer clause (a).
2. Draft notice of motion is disposed of. It be registered for
statistical purpose.
3. Authenticated copy be given to advocate for plaintiff.
(Sunil T. Soor)
Judge
Date : 29.09.2020 Gr. Mumbai.
Typed on : 29.09.2020
HHJ signed on : 29.09.2020
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..4.. Stamp No.4661/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
29.09.2020, 5.30 p.m.
UPLOAD DATE AND TIME Mrs. V. N. Rajgole.
NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
H.H.J. Shri. S. T. Soor
C.R.No.02
Date of Pronouncement of
JUDGMENT/ORDER
29.09.2020
JUDGMENT/ORDER signed by P.O.
on
29.09.2020
JUDGMENT/ORDER uploaded on 29.09.2020
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