Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 2167-19 in Suit No.1115-14
CNR NO.MHCC0100602019
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 2167 OF 2019
IN
L.C. SUIT NO. 1115 OF 2014
M/s. Chawla Highwary Carriers …...Plaintiff
Versus
Mrs. Mahrukh Shabbir Jhanjhariya & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 18th January, 2020.
Appearance:
Ld. Adv. Mr. Amogh K. Karandikar for the plaintiff.
Ld. Adv. Mrs. Rawade for defendant/MCGM.
Ld. Adv. Mr. Sayeed Ansari for defendant Nos. 4 to 6.
ORDER
1. The plaintiff by this notice of motion seeks injunction restraining
the defendants from obstructing the peaceful possession of the plaintiff.
2. Heard Learned Advocate for the plaintiff, Learned Advocate for
the defendants Nos. 4 to 6 and learned Advocate for Corporation.
3. The Notice of Motion No. 1889 of 2014 is dismissed by this Court
vide Order dated 5.01.2018. The said notice of motion was for
temporary injunction restraining the defendant from raising
construction and obstructing the plaintiff's use and occupation of suit
premises and also for appointment of Court Commissioner. The relief
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2 NM 2167-19 in Suit No.1115-14
sought in the said notice and and present notice of motion are the same.
The notice of motion, therefore, cannot be entertained and deserves to
be dismissed.
The plaintiff has failed to make out the primafacie case in his
favour. The balance of convenience does not lies in favour of the
plaintiffs. The plaintiff would not be put to irreparable loss, if the
temporary injunction is refused. In the result, following order is passed.
ORDER
The Notice of Motion No. 2167/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 18.01.2020 City Civil Court, Mumbai.
Dictated on : 18.01.2020
Transcribed on : 20.01.2020
Signed by HHJ on : 21.01.2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 21.01.2020 at 5.09 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
18.01.2020
JUDGMENT/ORDER signed by
P.O. on
21.01.2020
JUDGMENT/ORDER uploaded
on
21.01.2020
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